Protection of survivors of domestic violence, human trafficking, and related crimes

47 U.S.C. § 345
in effect
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(a) DefinitionsIn this section:(1) AbuserThe term “abuser” means an individual who has committed or allegedly committed a covered act against—(A) an individual who seeks relief under subsection (b); or (B) an individual in the care of an individual who seeks relief under subsection (b). (2) Covered act(A) In generalThe term “covered act” means conduct that constitutes—(i) a crime described in section 12291(a)of title 34, including domestic violence, dating violence, sexual assault, stalking, and sex trafficking; (ii) an act or practice described in paragraph (11) or (12) of section 7102 of title 22 (relating to severe forms of trafficking in persons and sex trafficking, respectively); or (iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii). (B) Conviction not requiredNothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act. (3) Covered providerThe term “covered provider” means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d) of this title. (4) Primary account holderThe term “primary account holder” means an individual who is a party to a mobile service contract with a covered provider. (5) Shared mobile service contractThe term “shared mobile service contract”—(A) means a mobile service contract for an account that includes not less than 2 consumers; and (B) does not include enterprise services offered by a covered provider. (6) SurvivorThe term “survivor” means an individual who is not less than 18 years old and—(A) against whom a covered act has been committed or allegedly committed; or (B) who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act). (b) Separation of lines from shared mobile service contract(1) In generalNot later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line—(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or (B) separate the line of the abuser from the shared mobile service contract. (2) Limitations on penalties, fees, and other requirementsExcept as provided in paragraphs (5) through (7), a covered provider may not make separation of a line from a shared mobile service contract under paragraph (1) contingent on any requirement other than the requirements under subsection (c), including—(A) payment of a fee, penalty, or other charge; (B) maintaining contractual or billing responsibility of a separated line with the provider; (C) approval of separation by the primary account holder, if the primary account holder is not the survivor; (D) a prohibition or limitation, including one described in subparagraph (A), on number portability, provided such portability is technically feasible, or a request to change phone numbers; (E) a prohibition or limitation on the separation of lines as a result of arrears accrued by the account; (F) an increase in the rate charged for the mobile service plan of the primary account holder with respect to service on any remaining line or lines; or (G) any other limitation or requirement not listed under subsection (c). (3) Rule of constructionNothing in paragraph (2) shall be construed to require a covered provider to provide a rate plan for the primary account holder that is not otherwise commercially available. (4) Remote optionA covered provider shall offer a survivor the ability to submit a line separation request under subsection (c) through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible. (5) Responsibility for transferred telephone numbersNotwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and use of a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. (6) Responsibility for transferred telephone numbers from a survivor’s accountNotwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number. (7) Responsibility for mobile deviceNotwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless otherwise ordered by a court, the survivor shall not assume financial responsibility for any mobile device associated with the separated line, unless the survivor purchased the mobile device, or affirmatively elects to maintain possession of the mobile device. (8) Notice to survivorIf a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder. (c) Line separation request(1) In generalIn the case of a survivor seeking to separate a line from a shared mobile service contract, the survivor shall submit to the covered provider a line separation request that—(A) verifies that an individual who uses a line under the shared mobile service contract has committed or allegedly committed a covered act against the survivor or an individual in the survivor’s care, by providing—(i) a copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person’s employment; or (ii) a copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act; (B) in the case of relief sought under subsection (b)(1)(A), with respect to—(i) a line used by the survivor that the survivor seeks to have separated, states that the survivor is the user of that specific line; and (ii) a line used by an individual in the care of the survivor that the survivor seeks to have separated, includes an affidavit setting forth that the individual—(I) is in the care of the survivor; and (II) is the user of that specific line; and (C) requests relief under subparagraph (A) or (B) of subsection (b)(1) and identifies each line that should be separated. (2) Communications from covered providers(A) In generalA covered provider shall notify a survivor seeking relief under subsection (b) in clear and accessible language that the covered provider may contact the survivor, or designated representative of the survivor, to confirm the line separation, or if the covered provider is unable to complete the line separation for any reason, pursuant to subparagraphs (B) and (C). (B) Remote meansA covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible. (C) Election of manner of contactWhen completing a line separation request submitted by a survivor through remote means under paragraph (1), a covered provider shall allow the survivor to elect in the manner in which the covered provider may—(i) contact the survivor, or designated representative of the survivor, in response to the request, if necessary; or (ii) notify the survivor, or designated representative of the survivor, of the inability of the covered provider to complete the line separation. (3) Enhanced protections under State lawThis subsection shall not affect any law or regulation of a State providing communications protections for survivors (or any similar category of individuals) that has less stringent requirements for providing evidence of a covered act (or any similar category of conduct) than this subsection. (d) Confidential and secure treatment of personal information(1) In generalNotwithstanding section 222(c)(2) of this title, a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. (2) Rule of constructionNothing in paragraph (1) shall be construed to prohibit a covered provider from maintaining, for longer than the period specified in that paragraph, a record that verifies that a survivor fulfilled the conditions of a line separation request under subsection (c). (e) Availability of information to consumersA covered provider shall make information about the options and process described in subsections (b) and (c) readily available to consumers—(1) on the website and the mobile application of the provider; (2) in physical stores; and (3) in other forms of public-facing consumer communication. (f) Technical infeasibility(1) In generalThe requirement to effectuate a line separation request pursuant to subsection (b)(1) shall not apply to a covered provider if the covered provider cannot operationally or technically effectuate the request. (2) NotificationIf a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall—(A) notify the survivor who submitted the request of that infeasibility—(i) at the time of the request; or (ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and (B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. (g) Liability protection(1) In generalA covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with this section and the rules adopted to implement this section. (2) Commission authorityNothing in this subsection shall limit the authority of the Commission to enforce this section or any rules or regulations promulgated by the Commission pursuant to this section.

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