Q&A WITH JAN PEERY
New state law allows domestic violence victims to transfer cellphone accounts
Q: On Nov. 1, proposed wireless transfer legislation will become law in the state of Oklahoma, why was this legislation needed?
A: Before the passage of House Bill 1466 (Wireless Transfer for Victims of Domestic Violence), there was no clear way for victims of domestic violence to modify their abuser’s cellphone account or the devices on it, if the victim was not the account holder. This often could make it difficult for victims of domestic violence to remove themselves from their abuser’s accounts. If a victim is still on an abuser’s account, the abuser can use their account holder status to control and monitor the victim’s cellphone, track the victim’s whereabouts and prevent the victim from separating their phone and phone number from the abuser’s account.
Q: What exactly does this new law entail?
A: Under this new law, a victim of domestic abuse will be able to obtain a court order allowing them to transfer their cellphone from their abuser’s account to a new, separate account. This new law will allow the victim to keep their same cellphone devices, telephone numbers and contacts. This helps give victims the opportunity to stay connected to their network of safety and support during a time of need. Along with that, victims will have the ability to transfer their children’s cellphone devices to their new accounts. Q: How will this law help domestic violence victims? A: The Wireless Transfer Authorization law will protect victims by enabling wireless service providers to transfer their service to a new, secure account. This will prevent abusers from using their account holder status to monitor domestic violence victims’ whereabouts or phone usage. The account transfer process does not require consent of the account holder and keeps the victim’s information secure and protected. A victim now will have the ability to take control of their own phones and their children’s phones. To many victims of domestic violence, the seemingly simple task of getting off their abuser’s phone plan is an important step when removing themselves from a situation of domestic violence, and this new law will work to help them do so.
Q: Who were the forces behind this legislation, and what was their goal?
A: At the YWCA, we worked with the Oklahoma Coalition Against Domestic Violence & Sexual Assault (OCADSVA) to partner with AT&T. AT&T recognized the importance of this issue and worked with bill sponsors, Rep. Elise Hall and Sen. A.J. Griffin, to craft a solution for victims of domestic violence. By partnering with OCADVSA and AT&T, our goal was to work together to develop a way for wireless providers to legally transfer full control and responsibility of telephone numbers and devices to victims of domestic violence who were not the original account holders through a court order process.