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50 U.S.C. § 3956 — Termination of certain consumer con-
Federal law — U.S. Code and appendices · legal_authorities
Page 1002
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3956
2020—Subsec. (a)(1)(C). Pub. L. 116–158, § 1(a), added
subpar. (C).
Subsec. (b)(1)(C). Pub. L. 116–158, § 1(b)(1), added sub-
par. (C).
Subsec. (b)(2)(C). Pub. L. 116–158, § 1(b)(2), added sub-
par. (C).
Subsec. (d)(1). Pub. L. 116–158, § 1(c), amended par. (1)
generally. Prior to amendment, text read as follows:
‘‘In the case of a lease described in subsection (b)(1)
that provides for monthly payment of rent, termi-
nation of the lease under subsection (a) is effective 30
days after the first date on which the next rental pay-
ment is due and payable after the date on which the no-
tice under subsection (c) is delivered. In the case of any
other lease described in subsection (b)(1), termination
of the lease under subsection (a) is effective on the last
day of the month following the month in which the no-
tice is delivered.’’
Subsec. (i). Pub. L. 116–158, § 1(d), which directed
amendment of subsec. (i) by inserting ‘‘In this section:’’
before par. (1) without specifying the section being
amended, was executed to subsec. (i) of this section, to
reflect the probable intent of Congress.
2019—Subsec. (a)(3). Pub. L. 116–92, § 545(b), sub-
stituted ‘‘in subsection (b)’’ for ‘‘in subsection (b)(1)’’.
Subsec. (a)(4). Pub. L. 116–92, § 545(a), added par. (4).
Subsec. (i)(1). Pub. L. 116–92, § 546(1), inserted ‘‘(in-
cluding orders for separation or retirement)’’ after ‘‘of-
ficial military orders’’.
Subsec. (i)(3). Pub. L. 116–92, § 546(2), added par. (3).
2018—Subsec. (a). Pub. L. 115–407, § 301(1), struck out
‘‘by lessee’’ after ‘‘Termination’’ in heading.
Subsec. (a)(1). Pub. L. 115–407, § 301(2), substituted
‘‘Termination by lessee’’ for ‘‘In general’’ in heading.
Subsec. (a)(3). Pub. L. 115–407, §
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3956
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Page 1002
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3956
2020—Subsec. (a)(1)(C). Pub. L. 116–158, § 1(a), added
subpar. (C).
Subsec. (b)(1)(C). Pub. L. 116–158, § 1(b)(1), added sub-
par. (C).
Subsec. (b)(2)(C). Pub. L. 116–158, § 1(b)(2), added sub-
par. (C).
Subsec. (d)(1). Pub. L. 116–158, § 1(c), amended par. (1)
generally. Prior to amendment, text read as follows:
‘‘In the case of a lease described in subsection (b)(1)
that provides for monthly payment of rent, termi-
nation of the lease under subsection (a) is effective 30
days after the first date on which the next rental pay-
ment is due and payable after the date on which the no-
tice under subsection (c) is delivered. In the case of any
other lease described in subsection (b)(1), termination
of the lease under subsection (a) is effective on the last
day of the month following the month in which the no-
tice is delivered.’’
Subsec. (i). Pub. L. 116–158, § 1(d), which directed
amendment of subsec. (i) by inserting ‘‘In this section:’’
before par. (1) without specifying the section being
amended, was executed to subsec. (i) of this section, to
reflect the probable intent of Congress.
2019—Subsec. (a)(3). Pub. L. 116–92, § 545(b), sub-
stituted ‘‘in subsection (b)’’ for ‘‘in subsection (b)(1)’’.
Subsec. (a)(4). Pub. L. 116–92, § 545(a), added par. (4).
Subsec. (i)(1). Pub. L. 116–92, § 546(1), inserted ‘‘(in-
cluding orders for separation or retirement)’’ after ‘‘of-
ficial military orders’’.
Subsec. (i)(3). Pub. L. 116–92, § 546(2), added par. (3).
2018—Subsec. (a). Pub. L. 115–407, § 301(1), struck out
‘‘by lessee’’ after ‘‘Termination’’ in heading.
Subsec. (a)(1). Pub. L. 115–407, § 301(2), substituted
‘‘Termination by lessee’’ for ‘‘In general’’ in heading.
Subsec. (a)(3). Pub. L. 115–407, § 301(3), added par. (3).
2010—Subsec. (e). Pub. L. 111–275, § 301, amended sub-
sec. (e) generally. Prior to amendment, text read as fol-
lows: ‘‘Rents or lease amounts unpaid for the period
preceding the effective date of the lease termination
shall be paid on a prorated basis. In the case of the
lease of a motor vehicle, the lessor may not impose an
early termination charge, but any taxes, summonses,
and title and registration fees and any other obligation
and liability of the lessee in accordance with the terms
of the lease, including reasonable charges to the lessee
for excess wear, use and mileage, that are due and un-
paid at the time of termination of the lease shall be
paid by the lessee.’’
Subsec. (h). Pub. L. 111–275, § 303(b)(5), amended sub-
sec. (h) generally. Prior to amendment, subsec. (h) re-
lated to penalties.
2004—Subsec. (a). Pub. L. 108–454, § 704(a), amended
subsec. (a) generally, designating existing provisions as
par. (1), inserting par. heading, and adding par. (2).
Subsec. (b)(1)(B). Pub. L. 108–454, § 704(c), inserted
‘‘, or as an individual in support of a military oper-
ation,’’ after ‘‘deploy with a military unit’’.
Subsec. (b)(2)(B). Pub. L. 108–454, § 704(b)(1), sub-
stituted ‘‘military orders—’’ for ‘‘military orders for a
permanent change of station outside of the continental
United States or to deploy’’, added cl. (i), and inserted
‘‘(ii) to deploy’’ before ‘‘with a military unit’’.
Subsec. (b)(2)(B)(ii). Pub. L. 108–454, § 704(c), inserted
‘‘, or as an individual in support of a military oper-
ation,’’ after ‘‘deploy with a military unit’’.
Subsec. (i). Pub. L. 108–454, § 704(b)(2), added subsec.
(i).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 116–315, title VII, § 7201(b), Jan. 5, 2021, 134
Stat. 5063, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall apply to
delivery of notice of lease terminations on or after the
date the enactment of this Act [Jan. 5, 2021].’’
Pub. L. 116–315, title VII, § 7202(b), Jan. 5, 2021, 134
Stat. 5064, provided that: ‘‘The amendments made by
this section [amending this section] shall apply to stop
movement orders issued on or after March 1, 2020.’’
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–158, § 1(e), Aug. 14, 2020, 134 Stat. 708, pro-
vided that: ‘‘The amendments made by this section
[amending this section] shall apply to stop movement
orders issued on or after March 1, 2020.’’
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 3956. Termination of certain consumer con-
tracts
(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 Sec-
retary of Defense or the Secretary of Home-
land Security in response to a local, na-
tional, 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 pro-
vided 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 pro-
vide such servicemember with written or elec-
tronic 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 ter-
minations, 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 mem-
ber of the reserve components who dies
while performing duty described in subpara-
graph (C).
(B)
A
spouse
or
dependent
of
a
servicemember who incurs a catastrophic in-
jury or illness (as that term is defined in
section
439(g)
of
title
37),
if
the
servicemember incurs the catastrophic in-
jury or illness while in military service or
performing duty described in subparagraph
(C).
Page 1003
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3956
(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).
(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 serv-
ice;
(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 mo-
bile service or telephone exchange service termi-
nated 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 pe-
riod beginning on the last day of such period of
relocation.
(d) Family plans
In the case of a contract for commercial mo-
bile service entered into by any individual in
which a servicemember is a designated bene-
ficiary of the contract, the individual who en-
tered into the contract may terminate the con-
tract—
(1) with respect to the servicemember if the
servicemember is eligible to terminate con-
tracts pursuant to subsection (a); and
(2) with respect to all of the designated bene-
ficiaries of such contract if all such bene-
ficiaries accompany the servicemember during
the servicemember’s period of relocation.
(e) Other obligations and liabilities
(1) In general
For any contract terminated under this sec-
tion, the service provider under the contract
may not impose an early termination charge,
but any tax or any other obligation or liabil-
ity of the servicemember that, in accordance
with the terms of the contract, is due and un-
paid or unperformed at the time of termi-
nation of the contract shall be paid or per-
formed by the servicemember.
(2) Reinstatement of service
If the servicemember re-subscribes to the
service provided under a covered contract dur-
ing 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 sec-
tion, the service provider under the contract
shall refund to the servicemember any fee or
other amount to the extent paid for a period ex-
tending until after such date, except for the re-
mainder 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.
(2) The terms ‘‘military orders’’ and ‘‘perma-
nent change of station’’ have the meanings
given such terms in section 3955 of this title.
(3) The term ‘‘multichannel video program-
ming service’’ means a subscription video
service offered by a multichannel video pro-
gramming distributor, as that term is defined
in section 522 of title 47, over a system the dis-
tributor 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, re-
mote controls, and any other equipment pro-
vided.
(5) The term ‘‘telephone exchange service’’
has the meaning given that term under section
153 of title 47.
(Oct. 17, 1940, ch. 888, title III, § 305A, as added
Pub. L. 110–389, title VIII, § 805(a), Oct. 10, 2008,
122 Stat. 4188; amended Pub. L. 111–275, title III,
§ 302(a), Oct. 13, 2010, 124 Stat. 2875; Pub. L.
115–407, title III, § 304(a), Dec. 31, 2018, 132 Stat.
5374; Pub. L. 116–285, § 2, Jan. 5, 2021, 134 Stat.
4878; Pub. L. 117–333, § 17(a), Jan. 5, 2023, 136 Stat.
6136.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 535a of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
AMENDMENTS
2023—Pub. L. 117–333, § 17(a)(1), substituted ‘‘certain
consumer’’ for ‘‘telephone, multichannel video pro-
gramming, and internet access service’’ in section
catchline.
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 ‘‘cellular telephone
service’’ in introductory provisions.
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).
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 ‘cel-
lular telephone service’ means commercial mobile serv-
ice, as that term is defined in section 332(d) of title 47.’’
2010—Pub. L. 111–275 amended section generally, sub-
stituting provisions relating to termination of tele-
phone service contracts for provisions relating to ter-
mination or suspension of contracts for cellular tele-
phone service.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2023 AMENDMENT; RETROACTIVE
APPLICATION
Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, pro-
vided that: ‘‘The amendments made by this section
[amending this section] shall apply to stop movement
orders issued on or after March 1, 2020.’’
§ 3957. Protection of life insurance policy
(a) Assignment of policy protected
If a life insurance policy on the life of a
servicemember is assigned before military serv-
ice to secure the payment of an obligation, the
assignee of the policy (except the insurer in con-
nection with a policy loan) may not exercise,
during a period of military service of the
servicemember or within one year thereafter,
any right or option obtained under the assign-
ment without a court order.
(b) Exception
The prohibition in subsection (a) shall not
apply—
(1) if the assignee has the written consent of
the insured made during the period described
in subsection (a);
(2) when the premiums on the policy are due
and unpaid; or
(3) upon the death of the insured.
(c) Order refused because of material affect
A court which receives an application for an
order required under subsection (a) may refuse
to grant such order if the court determines the
ability of the servicemember to comply with the
terms of the obligation is materially affected by
military service.
(d) Treatment of guaranteed premiums
For purposes of this subsection, premiums
guaranteed under the provisions of subchapter
IV of this chapter shall not be considered due
and unpaid.
(e) Misdemeanor
A person who knowingly takes an action con-
trary to this section, or attempts to do so, shall
be fined as provided in title 18, or imprisoned for
not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, § 306, as added
Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2850;
amended Pub. L. 111–275, title III, § 303(b)(6), Oct.
13, 2010, 124 Stat. 2878.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 536 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 306 of act Oct. 17, 1940, ch. 888, art. III,
as added Oct. 6, 1942, ch. 581, § 12, 56 Stat. 773, related to
extension of benefits to dependents, prior to the gen-
eral amendment of this Act by Pub. L. 108–189. See sec-
tion 3959 of this title.
AMENDMENTS
2010—Subsec. (e). Pub. L. 111–275 amended subsec. (e)
generally. Prior to amendment, subsec. (e) related to
penalties.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 3958. Enforcement of storage liens
(a) Liens
(1) Limitation on foreclosure or enforcement
A person holding a lien on the property or
effects of a servicemember may not, during
any
period
of
military
service
of
the
servicemember and for 90 days thereafter,
foreclose or enforce any lien on such property
or effects without a court order granted before
foreclosure or enforcement.
(2) Lien defined
For the purposes of paragraph (1), the term
‘‘lien’’ includes a lien for storage, repair, or
cleaning of the property or effects of a
servicemember or a lien on such property or
effects for any other reason.
(b) Stay of proceedings
In a proceeding to foreclose or enforce a lien
subject to this section, the court may on its own
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appraisal of property** When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.
**(b) Equity payment** Based on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3956
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