LegalFix

Section 5.3 - Court order for transfer of wireless telephone number.

UT Code § 77-36-5.3 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) As used in this section, "wireless service provider" means a provider of commercial mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.

(2) At or after the time that a court issues a protective order under Section 77-36-5.1 or an order of protection under Section 78B-7-106, the court may order the transfer of a wireless telephone number as provided in this section, if: (a) the perpetrator is the account holder for the wireless telephone number; (b) the number is assigned to a telephone that is primarily used by the victim or an individual who will reside with the victim during the time that the protective order or the order of protection is in effect; and (c) the victim requests transfer of the wireless telephone number.

(a) the perpetrator is the account holder for the wireless telephone number;

(b) the number is assigned to a telephone that is primarily used by the victim or an individual who will reside with the victim during the time that the protective order or the order of protection is in effect; and

(c) the victim requests transfer of the wireless telephone number.

(3) An order transferring a wireless telephone number under this section shall: (a) direct a wireless service provider to transfer the rights to, and the billing responsibility for, the wireless telephone number to the victim; and (b) include the wireless telephone number to be transferred, the name of the transferee, and the name of the account holder.

(a) direct a wireless service provider to transfer the rights to, and the billing responsibility for, the wireless telephone number to the victim; and

(b) include the wireless telephone number to be transferred, the name of the transferee, and the name of the account holder.

(4) A wireless service provider shall comply with an order issued under this section, unless compliance is not reasonably possible due to: (a) the account holder having already terminated the account; (b) differences in network technology that prevent the victim's device from functioning on the network to which the number is to be transferred; (c) geographic or other service availability constraints; or (d) other barriers outside the control of the wireless service provider.

(a) the account holder having already terminated the account;

(b) differences in network technology that prevent the victim's device from functioning on the network to which the number is to be transferred;

(c) geographic or other service availability constraints; or

(d) other barriers outside the control of the wireless service provider.

(5) A wireless service provider that fails to comply with an order issued under this section shall, within four business days after the day on which the wireless service provider receives the order, provide notice to the victim stating: (a) that the wireless service provider is not able to reasonably comply with the order; and (b) the reason that the wireless service provider is not able to reasonably comply with the order.

(a) that the wireless service provider is not able to reasonably comply with the order; and

(b) the reason that the wireless service provider is not able to reasonably comply with the order.

(6) The victim has full financial responsibility for each wireless telephone number transferred to the victim by an order under this section, beginning on the day on which the wireless telephone number is transferred, including monthly service costs and costs for any mobile device associated with the wireless telephone number.

(7) This section does not preclude a wireless service provider from applying standard requirements for account establishment to the victim when transferring financial responsibility under Subsection (6).

(8) A wireless service provider, and any officer, employee, or agent of the wireless service provider, is not civilly liable for action taken in compliance with an order issued under this section.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 5.3 - Court order for transfer of wireless telephone number.