§ 3956. Termination of certain consumer contracts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1940

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 title VIII § 805(a) · 122 Stat. 4145

   Enacted · 50 U.S.C. § 3956

   Oct. 17, 1940, ch. 888, title III, § 305A, as added Pub. L. 110–389, title VIII, § 805(a), Oct. 10, 2008, 122 Stat. 4188

   Source evidence

   Code source credit
   Oct. 17, 1940, ch. 888, title III, § 305A, as added Pub. L. 110–389, title VIII, § 805(a), Oct. 10, 2008, 122 Stat. 4188

   Enacted provision · exact public law section
   (a) In General.— Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 305 the following new section: “SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE. “(a) In General.— A servicemember who receives orders to deploy outside of the continental United States for not less than 90 days or for a permanent change of duty station within the United States may request the termination or suspension of any contract for cellular telephone service entered into by the servicemember before the date of the commencement of such deployment or permanent change if the servicemember’s ability to satisfy the contract or to utilize the service will be materially affected by such deployment or permanent change. The request shall include a copy of the servicemember’s military orders. “(b) Relief.— Upon receiving the request of a servicemember under subsection (a), the cellular telephone service contractor concerned shall— “(1) grant the requested relief without imposition of an early termination fee for termination of the contract or a reactivation fee for suspension of the contract; or “(2) in the case that such servicemember is deployed outside the continental United States as described in subsection (a), permit the servicemember to suspend the contract at no charge until the end of the deployment without requiring, whether as a condition of suspension or otherwise, that the contract be extended. “(c) Cellular Telephone Service Defined.— In this section, the term ‘cellular telephone service’ has the meaning given the term ‘commercial mobile service’ in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).” .

2. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 title III § 302(a) · 124 Stat. 2864

   1. Amended · 50 U.S.C. § 3956

      Pub. L. 111–275 amended section generally

   2. Substituted · 50 U.S.C. § 3956

      Pub. L. 111–275 substituting provisions relating to termination of telephone service contracts for provisions relating to termination or suspension of contracts for cellular telephone service

   Source evidence

   Code amendment note
   Pub. L. 111–275 amended section generally, substituting provisions relating to termination of telephone service contracts for provisions relating to termination or suspension of contracts for cellular telephone service.

   Enacted provision · exact public law section
   (a) In General.— Section 305A of the Servicemembers Civil Relief Act (50 U.S.C. App. 535a) is amended to read as follows: “SEC. 305A. TERMINATION OF TELEPHONE SERVICE CONTRACTS. “(a) Termination by Servicemember.— “(1) Termination.— A servicemember may terminate a contract described in subsection (b) at any time after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract. “(2) Notice.— In the case that a servicemember terminates a contract as described in paragraph (1), the service provider under the contract shall provide such servicemember with written or electronic notice of the servicemember’s rights under such paragraph. “(3) Manner of termination.— Termination Notice. of a contract under paragraph (1) shall be made by delivery of a written or electronic notice of such termination and a copy of the servicemember’s military orders to the service provider, delivered in accordance with industry standards for notification of terminations, together with the date on which the service is to be terminated. “(b) Covered Contracts.— A contract described in this subsection is a contract for cellular telephone service or telephone exchange service entered into by the servicemember before receiving the military orders referred to in subsection (a)(1). “(c) Retention of Telephone Number.— In the case of a contract terminated under subsection (a) by a servicemember whose period of relocation is for a period of three years or less, the service provider under the contract shall, notwithstanding any other provision of law, allow the servicemember to keep the telephone number the servicemember has under the contract if the servicemember re-subscribes to the service during the 90-day period beginning on the last day of such period of relocation. “(d) Family Plans.— In the case of a contract for cellular telephone service entered into by any individual in which a servicemember is a designated beneficiary of the contract, the individual who entered into the contract may terminate the contract— “(1) with respect to the servicemember if the servicemember is eligible to terminate contracts pursuant to subsection (a); and “(2) with respect to all of the designated beneficiaries of such contract if all such beneficiaries accompany the servicemember during the servicemember’s period of relocation. “(e) Other Obligations and Liabilities.— For any contract terminated under this section, the service provider under the contract may not impose an early termination charge, but any tax or any other obligation or liability of the servicemember that, in accordance with the terms of the contract, is due and unpaid or unperformed at the time of termination of the contract shall be paid or performed by the servicemember. If the servicemember re-subscribes to the service provided under a covered contract during the 90-day period beginning on the last day of the servicemember’s period of relocation, the service provider may not impose a charge for reinstating service, other than the usual and customary charges for the installation or acquisition of customer equipment imposed on any other subscriber. “(f) Return of Advance Payments.— Not Deadline. later than 60 days after the effective date of the termination of a contract under this section, the service provider under the contract shall refund to the servicemember any fee or other amount to the extent paid for a period extending until after such date, except for the remainder of the monthly or similar billing period in which the termination occurs. “(g) Definitions.— For purposes of this section: “(1) The term ‘cellular telephone service’ means commercial mobile service, as that term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). “(2) The term ‘telephone exchange service’ has the meaning given that term under section 3 of the Communications Act of 1934 (47 U.S.C. 153).” .

3. 2018

   Veterans Benefits and Transition Act of 2018

   Pub. L. 115–407 § 304(a)(1) · 132 Stat. 5368

   Inserted · 50 U.S.C. § 3956

   Pub. L. 115–407, § 304(a)(1), inserted “, multichannel video programming, and internet access” after “telephone” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 115–407, § 304(a)(1), inserted “, multichannel video programming, and internet access” after “telephone” in section catchline.

   Enacted provision · exact public law section
   (1) in the section heading, by inserting “, multichannel video programming, and internet access” after “telephone”;

4. 2018

   Veterans Benefits and Transition Act of 2018

   Pub. L. 115–407 § 304(a)(2) · 132 Stat. 5368

   Substituted · 50 U.S.C. § 3956(b)

   Pub. L. 115–407, § 304(a)(2), substituted “commercial mobile service, telephone exchange service, internet access service, or multichannel video programming service” for “cellular telephone service or telephone exchange service”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–407, § 304(a)(2), substituted “commercial mobile service, telephone exchange service, internet access service, or multichannel video programming service” for “cellular telephone service or telephone exchange service”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “cellular telephone service or telephone exchange service” and inserting “commercial mobile service, telephone exchange service, internet access service, or multichannel video programming service”;

5. 2018

   Veterans Benefits and Transition Act of 2018

   Pub. L. 115–407 § 304(a)(3) · 132 Stat. 5368

   Inserted · 50 U.S.C. § 3956(c)

   Pub. L. 115–407, § 304(a)(3), inserted “for commercial mobile service or telephone exchange service” before “terminated”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–407, § 304(a)(3), inserted “for commercial mobile service or telephone exchange service” before “terminated”.

   Enacted provision · exact public law section
   (3) in subsection (c), by inserting “for commercial mobile service or telephone exchange service” before “terminated”;

6. 2018

   Veterans Benefits and Transition Act of 2018

   Pub. L. 115–407 § 304(a)(4) · 132 Stat. 5368

   Substituted · 50 U.S.C. § 3956(d)

   Pub. L. 115–407, § 304(a)(4), substituted “commercial mobile service” for “cellular telephone service” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–407, § 304(a)(4), substituted “commercial mobile service” for “cellular telephone service” in introductory provisions.

   Enacted provision · exact public law section
   (4) in subsection (d), in the matter preceding paragraph (1), by striking “cellular telephone service” and inserting “commercial mobile service”;

7. 2018

   Veterans Benefits and Transition Act of 2018

   Pub. L. 115–407 § 304(a)(5) · 132 Stat. 5368

   1. Amended · 50 U.S.C. § 3956(e)

      Pub. L. 115–407, § 304(a)(5), designated first sentence of existing provisions as par. (1) and second sentence of existing provisions as par. (2)

   2. Inserted · 50 U.S.C. § 3956(e)

      Pub. L. 115–407, § 304(a)(5), inserted headings

   3. Added · 50 U.S.C. § 3956(e)

      Pub. L. 115–407, § 304(a)(5), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–407, § 304(a)(5), designated first sentence of existing provisions as par. (1) and second sentence of existing provisions as par. (2), inserted headings, and added par. (3).

   Enacted provision · exact public law section
   (5) in subsection (e)— (A) by striking “For any” and inserting the following: “(1) In general.— For any” ; (B) by striking “If the” and inserting the following: “(2) Reinstatement of service.— If the” ; and (C) by adding at the end the following: “(3) Return of provider-owned equipment.— If a servicemember terminates a contract under subsection (a), the servicemember shall return any provider-owned consumer premises equipment to the service provider not later than 10 days after the date on which service is disconnected.” ; and

8. 2018

   Veterans Benefits and Transition Act of 2018

   Pub. L. 115–407 § 304(a)(6) · 132 Stat. 5368

   1. Added · 50 U.S.C. § 3956(g)

      Pub. L. 115–407, § 304(a)(6), added pars. (1) to (3)

   2. Redesignated · 50 U.S.C. § 3956(g)

      Pub. L. 115–407, § 304(a)(6), redesignated former par. (2) as (4)

   3. Struck · 50 U.S.C. § 3956(g)

      Pub. L. 115–407, § 304(a)(6), struck out former par. (1) which read as follows: “The term ‘cellular telephone service’ means commercial mobile service, as that term is defined in section 332(d) of title 47.”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 115–407, § 304(a)(6), added pars. (1) to (3), redesignated former par. (2) as (4), and struck out former par. (1) which read as follows: “The term ‘cellular telephone service’ means commercial mobile service, as that term is defined in section 332(d) of title 47.”

   Enacted provision · exact public law section
   (6) in subsection (g)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by striking paragraph (1) and inserting the following: “(1) The term ‘commercial mobile service’ has the meaning given that term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). “(2) The term ‘multichannel video programming service’ means a subscription video service offered by a multichannel video programming distributor, as that term is defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522), over a system the distributor owns or controls. “(3) The term ‘provider-owned consumer premises equipment’ means any equipment that a provider of internet access service or multichannel video programming service rents or loans to a customer during the provision of that service, including gateways, routers, cable modems, voice-capable modems, CableCARDs, converters, digital adapters, remote controls, and any other equipment provided.” .

9. 2021

   Protecting Families of Fallen Servicemembers Act

   Pub. L. 116–285 § 2 · 134 Stat. 4878

   Added · 50 U.S.C. § 3956(a)(4)

   Pub. L. 116–285 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 116–285 added par. (4).

   Enacted provision · exact public law section
   SEC. 2. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.   Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3956(a)) is amended by adding at the end the following new paragraph: “(4) Additional individuals covered.— For purposes of this section, the following individuals shall be treated as a servicemember covered by paragraph (1): “(A) A spouse or dependent of a servicemember who dies while in military service or a spouse or dependent of a member of the reserve components who dies while performing duty described in subparagraph (C). “(B) A spouse or dependent of a servicemember who incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the servicemember incurs the catastrophic injury or illness while in military service or performing duty described in subparagraph (C). “(C) A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).” .

10. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 17(a)(1) · 136 Stat. 6121

    Substituted · 50 U.S.C. § 3956

    Pub. L. 117–333, § 17(a)(1), substituted “certain consumer” for “telephone, multichannel video programming, and internet access service” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–333, § 17(a)(1), substituted “certain consumer” for “telephone, multichannel video programming, and internet access service” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading, by striking “telephone, multichannel video programming, and internet access service” and inserting “certain consumer”;

    Effective date note
    Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, provided that: “The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

11. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 17(a)(2)(A) · 136 Stat. 6121

    Inserted · 50 U.S.C. § 3956(a)

    Pub. L. 117–333, § 17(a)(2)(A), inserted “or dependent of a servicemember” after “servicemember” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–333, § 17(a)(2)(A), inserted “or dependent of a servicemember” after “servicemember” in heading.

    Enacted provision · exact public law section
    (A) in the heading, by adding “or Dependent of a Servicemember” at the end;

    Effective date note
    Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, provided that: “The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

12. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 17(a)(2)(B) · 136 Stat. 6121

    1. Substituted · 50 U.S.C. § 3956(a)(1)

       Pub. L. 117–333, § 17(a)(2)(B), substituted “after—” for “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.”

    2. Added · 50 U.S.C. § 3956(a)(1)

       Pub. L. 117–333, § 17(a)(2)(B), added subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–333, § 17(a)(2)(B), substituted “after—” for “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.” and added subpars. (A) and (B).

    Enacted provision · exact public law section
    (B) in paragraph (1)— (i) by striking “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.” and inserting “after—”; and (ii) by adding at the end the following: “(A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or “(B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then receives a stop movement order issued by the Secretary of Defense or the Secretary of Homeland Security in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, that prevents the servicemember from using the services provided under the contract.” ; and

    Effective date note
    Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, provided that: “The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

13. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 17(a)(2)(C) · 136 Stat. 6121

    Added · 50 U.S.C. § 3956(a)(4)(D)

    Pub. L. 117–333, § 17(a)(2)(C), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (a)(4)(D). Pub. L. 117–333, § 17(a)(2)(C), added subpar. (D).

    Enacted provision · exact public law section
    (C) in paragraph (4), by adding at the end the following new subparagraph: “(D) The spouse or dependent of a servicemember, described in paragraph (1)(B), who accompanies such servicemember during the period of relocation.” ;

    Effective date note
    Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, provided that: “The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

14. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 17(a)(3) · 136 Stat. 6121

    1. Added · 50 U.S.C. § 3956(b)

       Pub. L. 117–333, § 17(a)(3), added subsec. (b)

    2. Struck · 50 U.S.C. § 3956(b)

       Pub. L. 117–333, § 17(a)(3), struck out former subsec. (b). Prior to amendment, text read as follows: “A contract described in this subsection is a contract for commercial mobile service, telephone exchange service, internet access service, or multichannel video programming service entered into by the servicemember before receiving the military orders referred to in subsection (a)(1).”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–333, § 17(a)(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “A contract described in this subsection is a contract for commercial mobile service, telephone exchange service, internet access service, or multichannel video programming service entered into by the servicemember before receiving the military orders referred to in subsection (a)(1).”

    Enacted provision · exact public law section
    (3) by striking subsection (b) and inserting the following: “(b) Covered Contracts.— A contract described in this subsection is a contract— “(1) for— “(A) commercial mobile service; “(B) telephone exchange service; “(C) internet access service; “(D) multichannel video programming service; “(E) a gym membership or fitness program; or “(F) home security services; and “(2) entered into by a servicemember before receiving the military orders referred to in subsection (a)(1).” ; and

    Effective date note
    Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, provided that: “The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

15. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 17(a)(4) · 136 Stat. 6121

    1. Added · 50 U.S.C. § 3956(g)(2)(5)

       Pub. L. 117–333, § 17(a)(4), added par. (2)

    2. Redesignated · 50 U.S.C. § 3956(g)(2)(5)

       Pub. L. 117–333, § 17(a)(4), redesignated former pars. (2) to (4) as (3) to (5), respectively

    Source evidence

    Code amendment note
    Subsec. (g)(2) to (5). Pub. L. 117–333, § 17(a)(4), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

    Enacted provision · exact public law section
    (4) in subsection (g)— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B) by inserting, after paragraph (1), the following new paragraph (2): “(2) The terms ‘military orders’ and ‘permanent change of station’ have the meanings given such terms in section 305.” .

    Effective date note
    Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, provided that: “The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

23 of 23 references resolved to an enrolled provision