SF4257

Purpose

• Enable domestic abuse victims to safely exit a shared wireless plan by allowing a court to transfer billing authority and rights to the victim or to reassign numbers. The aim is to reduce control or harassment tied to a shared wireless plan and support safety for victims.

Key Provisions

• Defines terms:
  • wireless telecommunications service and wireless telecommunications service provider, aligned with federal definitions.
  • A shared wireless plan and the numbers on that plan.
• Court authority:
  • A court may order, at no cost to the petitioner, the transfer of billing authority and rights to the petitioner's wireless number(s) to a petitioner who has an order for protection issued under this chapter, if the petitioner is not the account holder.
• Options if the petitioner is not the protected party named in the protection order:
  • The billing authority and rights may be transferred to another person who will be the account holder with the protected party’s approval, or
  • The petitioner can be removed from the shared plan and substitute numbers can be assigned.
• Options if the petitioner is not the protected party named in the order:
  • The court may remove the protected party from the shared plan and assign substitute numbers, with an approved substitute account holder designated for the protected party.
• Order specifics:
  • The court’s order is separate from orders under 518B.01 and must list the account holder’s name and billing number, the person to whom numbers will be transferred, and each number involved.
• Provider liability:
  • No action may be brought against a wireless provider or its staff for actions taken under the court order related to the transfer of billing authority and rights.

How the Process Works

• A domestic abuse victim (petitioner) who is not the current account holder can seek protection and, if granted, obtain a court order directing the wireless provider to transfer billing rights to the petitioner.
• If the petitioner is not the protected party named in the order, the court can either reassign the numbers to a different account holder with the protected party’s approval or remove the petitioner from the plan and assign substitute numbers.
• The resulting order is separate from other protection orders and must clearly identify who holds the account, which numbers are affected, and who will receive the numbers.

Costs, Liability, and Relationship to Law

• Transfers under this section are requested to be without charge, penalty, or fee to the wireless provider.
• The court-ordered actions are immune from liability claims against the provider or its staff for implementing the transfer.
• This creates a new mechanism within Minnesota Statutes Chapter 518B (Domestic Abuse Victims) specifically for handling shared wireless plans, separate from existing sections like 518B.01.

Scope and Definitions

• Applies to wireless telecommunications service and providers as defined by federal standards.
• Focuses on victims of domestic abuse who are involved in a shared wireless plan and need to be removed or reconfigured from that plan for safety.

Impact

• Provides a formal, court-driven pathway to disengage a domestic abuse victim from a shared wireless plan without financial or legal penalties to the victim.
• Clarifies responsibilities and protections for wireless providers when complying with protective orders.
• Aligns wireless plan management with protective orders, helping victims regain control over their telecommunications.

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Relevant Terms - domestic abuse victims - shared wireless plan - wireless telecommunications service - wireless telecommunications service provider - order for protection - billing authority - account holder - telephone number - transfer of rights - substitute telephone number - protected party - separate order - Minnesota Statutes chapter 518B - 518B.01 - no charge penalty or fee - no cause of action - court order - protective order approval