Ask the Attorney: I sometimes have customers ask to remove their spouse or significant other from the account due to divorce or domestic violence allegations. How should I handle these requests?
Tread carefully here because if you make the wrong move, you are opening your company up to potential liability. There are a few things you need to consider. You need to determine whose name is on the contract. If both spouses or significant others are on the contract (which is the best practice), then you can make the change, and get a new contract from person requesting the change. I would notify the other party in writing that s/he is being removed from the account. If the person requesting the change is not listed on the contract, you need to investigate further. Determine if there is legal authority for the change—is there a divorce decree, or a restraining order? I find it helpful to do a little extra sleuthing sometimes as well. For example, can you find anything from online property records about whether the person making the request owns the property? If you have legal authority that the person seeking the change has ownership or possession of the property, you can get a new contract with the person requesting the change. Be aware, however, that, while unlikely, there is the risk that person dropped from the account could sue for breach of contract. Save all correspondence and documentation regarding the change and your decision-making. If you really want to be extra cautious, you could ask for indemnity from the new account holder for any claims made by the person being dropped from the account.