| (7) The following LOA form meets the requirements of
this subsection if modified as appropriate for the requirements of
paragraph (5)(G) of this subsection. Other versions may be used, but
shall contain all the information and disclosures required by this
subsection.
Attached Graphic
(8) Before obtaining a signature from a customer, a
REP shall:
(A) provide to the applicant a reasonable opportunity
to read the terms of service, Electricity Facts Label, Prepaid Disclosure
Statement (PDS), if applicable, and any written materials accompanying
the terms of service document; and
(B) answer any questions posed by any applicant about
information contained in the documents.
(9) Upon obtaining the applicant's signature, a REP
or aggregator shall immediately provide the applicant a legible copy
of the signed LOA, and shall distribute or mail the terms of service
document, Electricity Facts Label, PDS, if applicable, and Your Rights
as a Customer disclosure. If a written solicitation by a REP contains
the terms of service document, any tear-off portion that is submitted
by the applicant to the REP to obtain electric service shall allow
the applicant to retain the terms of service document.
(10) The applicant's signature on the LOA shall constitute
an authorization of the move-in or switch request if the LOA complies
with the provisions of this section and the terms of service comply
with the requirements of §25.475(d) of this title (relating to
General Retail Electric Provider Requirements and Information Disclosures
to Residential and Small Commercial Customers).
(f) Enrollment via door-to-door sales. A REP or aggregator
that engages in door-to-door marketing at an applicant's or customer's
residence shall comply with the following requirements:
(1) Solicitation requirements. A REP or aggregator
that engages in door-to-door marketing at an applicant's residence
shall comply with the following requirements:
(A) The REP or aggregator shall provide the disclosures
required by this section and the three-day right of rescission required
by the Federal Trade Commission's Trade Regulation Rule Concerning
Cooling Off Period for Sales Made at Homes or at Certain Other Locations
(16 C.F.R. Part 429).
(B) The individual who represents the REP or aggregator
shall wear a clear and conspicuous identification of the REP or aggregator
on the front of the individual's outer clothing or on an identification
badge worn by the individual. In addition, the individual shall wear
an identification badge that includes the individual's name and photograph,
the REP or aggregator's certification or registration number, and
a toll-free telephone number maintained by the REP or aggregator that
the applicant may call to verify the door-to-door representative's
identity during specified business hours. The company name displayed
shall conform to the name on the REP's certification or aggregator's
registration obtained from the commission and the name that appears
on all of the REP's or aggregator's contracts and terms of service
documents in possession of the individual.
(C) The REP or aggregator shall affirmatively state
that it is not a representative of the applicant's transmission and
distribution utility or any other REP or aggregator. The REP's or
aggregator's clothing and sales presentation shall be designed to
avoid the impression by a reasonable person that the individual represents
the applicant's transmission and distribution utility or any other
REP or aggregator.
(D) The REP or aggregator shall not represent that
an applicant or customer is required to switch service in order to
continue to receive power.
(E) Door-to-door representatives shall adhere to all
local city/subdivision guidelines concerning door-to-door solicitation.
(2) Use of a portable electronic device (PED) in door-to-door
sales. A REP or aggregator may use a PED to conduct door-to-door sales
at an applicant's or customer's residence. For the purpose of this
section, a PED is defined as a nonstationary light-weight, electrically-powered
device that is capable of communications, data storage and processing,
and accessing, directly or indirectly, the REP or aggregator network.
Examples of PEDs include, but are not limited to: laptop computers,
tablets, tablet computers, personal digital assistants, and smart
phones.
(A) The REP or aggregator is responsible for ensuring
that the PED complies with the requirements of this section.
(B) The PED shall be owned, rented, or leased by the
REP, aggregator, or third-party vendor retained by the REP or aggregator.
The PED shall not be owned by an individual employee of the REP, aggregator,
or vendor that has been retained by the REP or aggregator.
(C) The entire enrollment process shall be in plain,
easily understood language, and be consistent with the requirements
of §25.473 of this title (relating to Non-English Language Requirements.)
The entire solicitation and enrollment process shall be conducted
in the same language. The REP or aggregator shall provide a means
of documenting the applicant's language preference.
(D) All information disclosed to the applicant or customer
on the PED must be easily readable and clearly disclosed.
(E) The PED shall:
(i) be secure from unauthorized access;
(ii) have the means to protect any applicant and customer
data should the device be lost or stolen, such as for example, remote
data wipe capabilities; and
(iii) have enabled mobile locating and tracking capabilities
that allows the REP or aggregator to track the time and location of
each customer enrollment, subject to the availability of industry
standard communications signals such as cellular or Wi-Fi at the specific
time of enrollment.
(F) Any applicant or customer specific information
entered into the PED shall be transferred within one business day
to the REP or aggregator's systems using Secure Socket Layer or similar
encryption standard to ensure privacy of applicant or customer information.
Once the transfer of data has been verified, any such applicant or
customer specific information retained on the PED shall be removed.
(G) The REP or aggregator is responsible for the protection
of all applicant or customer information.
(3) Required authorization disclosures. Prior to requesting
verification of the applicant's authorization to enroll, a REP or
aggregator shall comply with all of the authorization disclosure requirements
in either subsections (e)(5) or (h)(1) - (4) of this section.
(A) A REP or aggregator may provide the disclosures
required by subsection (e)(5) of this section using a PED; however,
if an applicant expresses an inability to read or understand the disclosure
information on the PED, the REP or aggregator shall either provide
the required disclosures pursuant to subsection (e)(5) of this section
in paper format, provide the disclosures pursuant to subsection (h)(1)
- (4) of this section, or advise the applicant that they will not
be able to complete enrollment.
(B) If a REP or aggregator provides the disclosures
using a PED, the REP or aggregator shall:
(i) provide the applicant a reasonable opportunity
to read the terms of service, Electricity Facts Label (EFL), Prepaid
Disclosure statements (PDS), if applicable, and any written or electronic
materials disclosed;
(ii) accurately and truthfully answer any questions
posed by the applicant about information contained in the documents;
(iii) advise the applicant that if the applicant is
under contract with another REP, termination fees for that contract
may apply; and
(iv) obtain an electronic signature from the applicant
that adheres to Texas and federal guidelines or, alternatively, require
unassisted direct entry of a uniquely identifiable input by the applicant
affirming that the applicant has read and understands the disclosures,
terms of service, EFL, PDS, if applicable, and all written or electronic
materials disclosed prior to verification of authorization.
(4) Verification of authorization for door-to-door
enrollment. A REP, or an independent third party retained by the REP,
shall telephonically obtain and record all required verification information
from the applicant to verify the applicant's decision to enroll with
the REP in accordance with this paragraph, unless verification is
obtained using a PED as specified in paragraph (5) of this subsection.
If verification is obtained using a PED as specified in paragraph
(5) of this subsection, the REP or aggregator has the option, with
applicant consent, to complete the verification of authorization requirement
utilizing the process defined in paragraph (5) of this subsection.
(A) Electronically record on audiotape, a wave sound
file, or other recording device the entirety of an applicant's verification.
The verification call shall comply with the requirements in subsection
(h)(5) of this section.
(B) Inform the applicant that the verification of authorization
call is being recorded.
(C) Verification shall be conducted in the same language
as that used in the sales transaction and authorization.
(D) Automated systems shall provide the applicant with
the option of exiting the system and nullifying the enrollment at
any time during the call.
(E) A REP or its sales representative initiating a
three-way call or a call through an automated verification system
shall not participate in the verification process.
(F) The REP shall not submit a move-in or switch request
until it has obtained a recorded telephonic verification of the enrollment.
(5) Verification of authorization for door-to-door
enrollments using a PED.
(A) The REP or aggregator shall obtain affirmation
from the applicant that the applicant is authorized to perform the
enrollment and consents to the enrollment being verified using a PED.
If the applicant does not consent to the enrollment being verified
using a PED or expresses an inability to read or understand the verification
of authorization information on the PED at any time, the representative
shall verify authorization of enrollment pursuant to paragraph (4)
of this subsection or advise the applicant that they will not be able
to complete enrollment.
(B) If the applicant consents to verification being
conducted using a PED, the REP or aggregator shall:
(i) obtain or confirm the applicant's email address
or other agreed upon means of communication, billing name, billing
address, service address, and name of any authorized representative;
(ii) obtain or confirm the applicant's electric service
identifier (ESI-ID), if available;
(iii) obtain or confirm at least one of the following
account access verification data for the applicant: last four digits
of the social security number, mother's maiden name, city or town
of birth, month and day of birth, driver's license number or government
issued identification number. For non-residential applicants, the
REP may obtain the applicant's federal tax identification number;
and
(iv) obtain applicant's electronic signature that adheres
to Texas and federal guidelines or, alternatively, require unassisted
direct entry of a uniquely identifiable input by the applicant matching
the input obtained pursuant to paragraph (3) of this subsection affirming
that the customer or applicant is authorized to select or change REPs
for the service address and authorizes the new REP to perform necessary
tasks to complete a switch or move-in for the customer's or applicant's
service with the new REP.
(C) The REP shall not submit a move-in or switch request
until it has obtained the applicant's verification of the enrollment.
(D) After enrollment, the REP or aggregator shall send
a confirmation by first class mail, email, or other agreed upon means
of communication to the applicant of the applicant's request to select
the REP. The REP or aggregator may assume that any delivery of the
confirmation deposited first class within the United States Postal
service will be received within three federal business days. The confirmation
shall include:
(i) a clear and conspicuous notice in the body of the
confirmation of the customer's three-day right of rescission required
by the Federal Trade Commission's Trade Regulation Rule Concerning
Cooling Off Period for Sales Made at Homes or Certain Other Locations
(16 C.F.R. Part 429). The notice shall state that the customer may
exercise their right to rescission within three federal business days
after receiving the terms of service without penalty and offer the
customer the option of exercising this right by toll-free number,
email, Internet website, facsimile transmission, or regular mail.
If conveyed electronically, the notice shall be accessible to the
applicant without need to open an attachment or link to any other
document; and
(ii) the terms of service document, EFL, PDS, if applicable,
and Your Rights as a Customer disclosure, or links thereto.
(6) Nothing in this subsection is intended to limit
the use of PEDs in the context of other forms of enrollment to the
extent those enrollments otherwise comply with the applicable rule
requirements.
Cont'd... |
