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Legal Information: Indiana

Statutes: Indiana

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November 14, 2023

34-26-5-21 Definitions; court powers on providers

Sec. 21. (a) As used in this section, “financial responsibility” means an obligation to pay monthly service fees and other costs and charges associated with any telephone number.

(b) As used in this section, “provider” means a person or entity that provides commercial mobile service (as defined in 47 U.S.C. 332).

(c) A petitioner for an order for protection may request that the court issuing the order for protection require a provider to transfer to the petitioner a telephone number that is used by:

(1) the petitioner; or

(2) a minor child in the petitioner’s custody.

(d) The court may order a provider to transfer to a petitioner the sole:

(1) right to continued use of a telephone number; and

(2) financial responsibility for services associated with a telephone number.

(e) A provider shall terminate the respondent’s use of a telephone number that the petitioner has sought to transfer under subsection (d), unless the provider notifies the petitioner and the court within seventy-two (72) hours after issuance of the order described in subsection (d):

(1) that an account holder named in the order for protection has terminated the account; or

(2) that the requested transfer, if completed, would:

(A) impair proper function of a wireless device;

(B) result in network or service disruption; or

(C) cause another technical or operational issue.

(f) A petitioner for an order for protection has exclusive:

(1) rights to use; and

(2) financial control of;

any telephone number that is transferred under this section.

(g) A provider’s customary requirements for establishing an account and transferring a telephone number apply to a transfer made under this section. The provider’s requirements may include:

(1) proof of the petitioner’s identity;

(2) the petitioner’s financial information; and

(3) the petitioner’s customer preferences.

(h) A provider is immune from civil liability for complying with an order to transfer a telephone number under this section.

(i) The court issuing an order for protection described in this section shall serve the order on the wireless service provider’s agent for service of process listed with the secretary of state.