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50 U.S.C. § 3958 — Termination of certain consumer contracts

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3958 — Termination of certain consumer contracts

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Stable record: federal_law:legal_authorities:record_usc_50f48fa16913f1d068a8f53e
Source file: Laws/federal/codes/united-states-code/title-50/section-3958-termination-of-certain-consumer-contracts--6b1541aba7.md
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Source location: Title 50, Chapter 50, § 3958; chapter-050-servicemembers-civil-relief.md

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**(a) Termination by servicemember or dependent of a servicemember** (1) **Termination** — A servicemember may terminate a contract described in subsection (b) at any time after— (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. (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 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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section439/g&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d&num=0&edition=prelim)). (D) The spouse or dependent of a servicemember, described in paragraph (1)(B), who accompanies such servicemember during the period of relocation. **(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). **(c) Retention of telephone number** In the case of a contract for commercial mobile service or telephone exchange service 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 commercial mobile 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** (1) **In general** — 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. (2) **Reinstatement of service** — 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. (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. **(f) Return of advance payments** Not 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 “commercial mobile service” has the meaning given that term in [section 332(d) of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/d&num=0&edition=prelim). (2) The terms “military orders” and “permanent change of station” have the meanings given such terms in [section 3955 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3955&num=0&edition=prelim). (3) 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 522 of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section522&num=0&edition=prelim), over a system the distributor owns or controls. (4) 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. (5) The term “telephone exchange service” has the meaning given that term under [section 153 of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 522 — Definitions

For purposes of this subchapter— (1) the term “activated channels” means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use; (2) the term “affiliate”, when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person; (3) the term “basic cable service” means any service tier which includes the retransmission of local television broadcast signals; (4) the term “cable channel” or “channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation); (5) the term “cable operator” means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system; (6) the term “cable service” means— (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; (7) the term “cable system” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which incl

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 522

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 153 — Definitions

For the purposes of this chapter, unless the context otherwise requires— (1) **Advanced communications services** — The term “advanced communications services” means— (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing service; and (E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used. (2) **Affiliate** — The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. (3) **Amateur station** — The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. (4) **AT&T Consent Decree** — The term “AT&T Consent Decree” means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982. (5) **Bell operating company** — The term “Bell operating company”— (A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company,

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 153

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3955 — Mortgages and trust deeds

**(a) Mortgage as security** This section applies only to an obligation on real or personal property owned by a servicemember that— (1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and (2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage. **(b) Stay of proceedings and adjustment of obligation** In an action filed during, or within one year after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation is materially affected by military service— (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties. **(c) Sale or foreclosure** A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within one year after, the period of the servicemember’s military service except— (1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or (2) if made pursuant to an agreement as provided in [section 3918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim). **(d) Misdemeanor** A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3955

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3958 — Enforcement of storage liens

Page 1004 TITLE 50—WAR AND NATIONAL DEFENSE § 3957 Subsec. (a). Pub. L. 117–333, § 17(a)(2)(A), inserted ‘‘or dependent of a servicemember’’ after ‘‘servicemember’’ in heading. Subsec. (a)(1). Pub. L. 117–333, § 17(a)(2)(B), substituted ‘‘after—’’ for ‘‘after the date the servicemember re- ceives 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). Subsec. (a)(4)(D). Pub. L. 117–333, § 17(a)(2)(C), added subpar. (D). 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 sub- section 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 or- ders referred to in subsection (a)(1).’’ 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. 2021—Subsec. (a)(4). Pub. L. 116–285 added par. (4). 2018—Pub. L. 115–407, § 304(a)(1), inserted ‘‘, multichannel video programming, and internet ac- cess’’ after ‘‘telephone’’ in section catchline. Subsec. (b). Pub. L. 115–407, § 304(a)(2), substituted ‘‘commercial mobile service, telephone exchange serv- ice, internet access service, or multichannel video pro- gramming service’’ for ‘‘cellular telephone service or telephone exchange service’’. Subsec. (c). Pub. L. 115–407, § 304(a)(3), inserted ‘‘for commercial mobile service or telephone exchange serv- ice’’ before ‘‘terminated’’. Subsec. (d). Pub. L. 115–407, § 304(a)(4), substituted ‘‘commercial mobile service’’ for ‘‘cel

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3958

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