2026 Minnesota Statutes
518B.04 TRANSFER OR RELEASE OF DOMESTIC ABUSE VICTIMS FROM SHARED WIRELESS PLANS.
Subdivision 1.Application.
The remedy in this section applies if the respondent and petitioner or a protected party subject to an order for protection under section 518B.01 share a wireless plan and the respondent is the account holder.
Subd. 2.Definitions.
(a) For purposes of this section the following terms have the meanings given.
(b) "Wireless telecommunications service" has the same meaning as "commercial mobile radio service" as defined in Code of Federal Regulations, title 47, section 20.3.
(c) "Wireless telecommunications service provider" means a provider of wireless telecommunications service.
Subd. 3.Court order; account transfer or release.
(a) If the petitioner is the protected party named in an order for protection granted under this chapter, a court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to:
(1) transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to the petitioner; or
(2) remove or release the petitioner from a shared wireless plan and assign a substitute telephone number or numbers.
(b) If the petitioner is not the protected party named in an order for protection granted under this chapter, a court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to:
(1) transfer the billing authority and rights to the wireless telephone number or numbers of a shared wireless plan:
(i) if the protected party is a minor, to a parent or legal guardian of the minor other than the respondent; or
(ii) if the protected party is not a minor, to another person who shall serve as the account holder with the protected party's approval; or
(2) remove or release the protected party from a shared wireless plan and assign a substitute telephone number or numbers and:
(i) if the protected party is a minor, order the parent or legal guardian of the minor, other than the respondent, to be the account holder for the substitute telephone number or numbers; or
(ii) if the protected party is not a minor, order another person, with the protected party's approval, to be the account holder for the substitute telephone number or numbers.
(c) At a protected party's request, the court may order a wireless telecommunications service provider to transfer without charge, penalty, or fee any and all devices associated with the petitioner or protected party's phone number to a substitute telephone number or numbers.
Subd. 4.Separate order; content.
(a) The order issued pursuant to subdivision 3 must be a separate order from one issued under section 518B.01 that is directed to the wireless telecommunications service provider, but may be addressed in the same proceeding for an order under section 518B.01 or in a separate proceeding after an order under section 518B.01 is issued.
(b) The order shall list the name and billing telephone number of the account holder, the name of the person to whom the telephone number or numbers are to be transferred, and each telephone number to be transferred.
Subd. 6.Hearing.
A hearing for an order under this section is not required unless the court declines to issue the requested relief or the petitioner requests a hearing. A hearing may be held concurrently with a hearing under section 518B.01 upon the petitioner's request and if the court deems it appropriate.
Subd. 7.Deadline to transfer.
Upon receipt of an order issued under this section, a wireless telecommunications service provider must abide by the terms of the order by the end of the following billing cycle.
Subd. 8.Confidentiality.
A wireless telecommunications service provider must treat an order and any supporting information received under this section as confidential and must not disclose the order or the information, except to the extent necessary to comply with the order.
Subd. 9.Unpaid balance.
(a) A person who is the account holder before an order is issued under this section remains liable for an unpaid balance incurred before an account is transferred pursuant to an order issued under this section.
(b) A wireless telecommunications service provider must provide the petitioner or protected party with a partitioned telephone line and additional time to pay off the outstanding balance.
Subd. 10.Immunity.
A cause of action shall not lie against a wireless telecommunications service provider or its officers, employees, or agents for the actions taken that are related to the transfer of the billing authority and rights to the wireless telephone number or numbers in accordance with the terms of a court order issued pursuant to this section.
Subd. 11.Other remedies.
Nothing in this section supersedes or limits other remedies available to a petitioner, including any provision of Public Law 117-223, the Safe Connections Act of 2022, and the Federal Communications Commission's Safe Connections Act Order, FCC 23-96.
History:
Official Publication of the State of Minnesota
Revisor of Statutes