S.Amdt. 4255

1. Adds SEC. 662. TERMINATION OF CONTRACTS FOR CELLULAR PHONE SERVICES at the end of subtitle E of title VI

   Adds a section

   In S. 2766 · Placed on Calendar Senate

   (4) Covered member of the armed forces defined.--In this subsection, the term "covered member of the Armed Forces" means a member of the Armed Forces wounded or injured in a combat zone who is evacuated from a theater of operations for inpatient care.

   Inserted: SEC. 662. TERMINATION OF CONTRACTS FOR CELLULAR PHONE SERVICES.

   Inserted: (a) In General.--

   Inserted: (1) Inclusion of contracts under termination authority.--Subsection (b) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended by adding at the end the following new paragraph:

   Inserted: "(3) Contracts for cellular phone service.--A contract for a cellular phone used, or intended to be used, by a servicemember or a servicemember's dependent for a personal or business purpose if--

   Inserted: "(A) the contract is executed by or on behalf of a person who thereafter and during the term of the contract enters into military service under call or order specifying a period of not less than 90 days (or who enters military service under a call or order specifying a period of 90 days or less and who, without a break in service, receives orders extending the period of military service to a period not less than 90 days);

   Inserted: "(B) the servicemember, while in military service, executes the contract and thereafter receives military orders for a permanent change of station outside of the continental United States or to deploy with a military unit for a period of not less than 90 days; or

   Inserted: "(C) the servicemember, while in military service, executes the contract and thereafter receives military orders for a permanent change of station to a location within the continental United States where the contract cannot be transferred at the same rate, terms, and quality of service.".

   Inserted: (2) Manner of termination.--Subsection (c)(1) of such section is amended--

   Inserted: (A) in subparagraph (A), by striking "and" at the end;

   Inserted: (B) in subparagraph (B), by striking the period at the end and inserting "; and"; and

   Inserted: (C) by adding at the end the following new subparagraph:

   Inserted: "(C) in the case of a contract for a cellular phone, by delivery by the contractee of written notice of such termination, and a copy of the servicemember's military orders, to the contractor or to the contractor's agent.".

   Show 17 more inserted paragraphsShow less

   Inserted: (3) Effective date of termination.--Subsection (d) of such section is amended by adding at the end the following new paragraph:

   Inserted: "(3) Contract for cellular phone service.--In the case of a contract for a cellular phone described in subsection (b)(3), termination of the contract under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.".

   Inserted: (4) Arrearages.--Subsection (e) of such section is amended--

   Inserted: (A) by striking "(e) Arrearages and Other Obligations and Liabilities.--Rents or lease amounts" and inserting the following:

   Inserted: "(e) Arrearages and Other Obligations and Liabilities.--

   Inserted: "(1) In general.--Rents or lease amounts";

   Inserted: (B) by designating the second sentence as paragraph (2), indenting such paragraph 4 ems from the left margin, and inserting before "In the case of the lease" the following:

   Inserted: "(2) Lease charges for motor vehicles.--"; and

   Inserted: (C) by adding at the end the following new paragraphs:

   Inserted: "(3) Termination charges for cellular phone contracts.--In the case of a contract for a cellular phone, the contractor may not impose an early termination charge, but may request the return of equipment provided to the contractee as part of the contract which would normally remain the property of the contractee at the end of the contract term if the contractee is given the option of paying a pro-rated amount to retain such equipment based on the original retail price of such equipment, the amount previously paid for such equipment by the contractee, and the time remaining on the contract.

   Inserted: "(4) Reactivation fees.--In the event a contractor and contractee jointly agree to treat the termination of a contract for a cellular phone under this section as a suspension of such contract, the contractor may not impose any fee for reactivation of service under such contract at the completion of suspension of such contract.".

   Inserted: (b) Conforming Amendment.--Subsection (a)(1)(B) of such section is amended by striking "or (2)(B)" and inserting ", (2)(B), (3)(B), or (3)(C)".

   Inserted: (c) Clerical Amendments.--

   Inserted: (1) Heading amendment.--The heading of such section is amended to read as follows:

   Inserted: "SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES OR CONTRACTS FOR CELLULAR PHONE SERVICE.".

   Inserted: (2) Table of contents amendment.--The table of contents for such Act is amended by striking the item relating to section 305 and inserting the following new item:

   Inserted: "Sec. 305. Termination of residential or motor vehicle leases or contracts for cellular phone service.".

   Original wording

   At the end of subtitle E of title VI, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed