Safe Connections Act Notice
The Safe Connections Act (“SCA”), codified as section 354 of the Communications Act, allows a survivor of domestic and other related crimes, abuse, or violence to request, for themselves or an individual under their care, a separate line of service from a mobile service contract shared with an abuser.
If you would like to seek relief under the SCA, you will need to contact our Customer Service Department at 1-800-733-6632, during our regular business hours and state that you are requesting relief under the SCA.
You will need to identify each line of service that should be separated using the phone number associated with the line. During the call, you will be advised on the required documentation that needs to be submitted to verify your request and where to send the documentation and the timeline for processing your request.
Yes, the SCA requires individuals seeking relief under it to submit supporting documentation that verifies the alleged abuser has committed or allegedly committed a covered act against the survivor or an individual in the survivor’s care. The SCA defines as “covered act” as conduct that constitutes (1) a crime described in section 40002(a) of the Violence Against Women Act of. 1994 (34 U.S.C. § 12291(a)), including, but not limited to, domestic violence, dating violence, sexual.
Eligible documentation for a survivor includes:
- A copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, licensed military victim services provider, or an employee of a court acting within the scope of that person’s employment; or
- A copy of a police report, statements provided by the police to a magistrate or a judge, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act.
Eligible documentation for an individual under the care of a survivor includes:
- An affidavit signed (near the time of the request) by the survivor setting forth that such individual is in the care of the survivor and is the user of the specific line.
The documentation should indicate a known name for the abuser, the name of the survivor, and an affirmative statement that indicates the abuser actually or allegedly committed a covered act against the survivor or an individual in the care of a survivor.
Once all the required information and documentation is submitted, your request will be processed in two (2) business days. Business days are Monday-Friday 8:00 AM to 5:00 PM, excluding holidays.
Yes, the SCA prohibits Lively from disclosing a line separation request unless subject to a valid court order, except to:
- The survivor submitting the line separation request;
- Anyone that the survivor specifically designates;
- Third parties necessary to effectuate the request (i.e., vendors, contractors, and agents); and
- To the extent necessary to the FCC or USAC to process emergency communications.
If the abuser is the primary account holder, Lively may, in certain situations, be required to notify an abuser of a change to an account after the completion of the line separation. For example, if the abuser must assume financial responsibility for the account because the survivor will no longer pay for the abuser’s line. Lively is required to inform the survivor of the date on which it intends to give any formal notification to the primary account holder and of the date it will inform the abuser of a line separation, cancellation, or suspension of service, involving the abuser’s line to the extent such notification is necessary.
No, the SCA provides several prohibited practices in connection with a request for relief. Covered providers may not make line separations contingent on:
- Payment of a fee, penalty, or other charges including early termination fee triggered by the separation request;
- Maintaining contractual or billing responsibility of a separated line with the provider;
- Providers must permit both the party remaining on an account and the party separating from an account to port their numbers, without fees or penalties, provided such portability is technically feasible and may not prohibit/limit a survivor’s ability to request a phone number change as part of a line separation request;
- The results of a credit check or other proof of a party’s ability to pay (but may perform credit checks that are used as part of the routine sign-up process for all customers);
- Approval of separation by the primary account holder, if the primary account holder is not the survivor;
- A prohibition or limitation, including payment of a fee, penalty, or other charge, on number portability, provided such portability is technically feasible, or a request to change phone numbers;
- A prohibition or limitation on the separation of lines because arrears accrued by the account; or
- An increase in the rate charged for the mobile service plan of the primary account holder with respect to service on any remaining line or lines:
- Covered providers may not deny a survivor’s line separation request if the primary account holder for the remaining lines does not agree to a rate increase;
- Covered providers may not force the remaining primary account holder to switch to a service plan that has a higher rate, although the person may elect to switch to a rate plan that has a higher or lower rate from among those that are commercially available;
- Providers are not required to offer survivors or remaining parties a specialized rate plan that is not commercially available if the party does not choose to continue the existing rate plan; and
- Any other requirement or limitation not specifically permitted by the SCA.
Lively does not currently participate in the Lifeline program.
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