| (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.
(g) Personal solicitations other than door-to-door
marketing. A REP or aggregator that engages in personal solicitation
at a location other than a customer's residence (such as malls, fairs,
or places of business) shall comply with all requirements for written
enrollments and LOA requirements detailed in subsection (e) of this
section. In addition, the REP or aggregator shall comply with the
following additional requirements:
(1) For transactions occurring at a place other than
the REP or aggregator's place of business, the REP or aggregator shall
provide 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).
(2) For solicitations of residential customers, 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. 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.
(3) The individual who represents the REP or aggregator
shall not state or imply that it is a representative of the customer'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.
(4) The REP or aggregator shall not represent that
an applicant is required to switch service in order to continue to
receive power.
(h) Telephonic enrollment. For enrollments of applicants
via telephone solicitation, a REP or aggregator shall obtain authorization
and verification of the move-in or switch request from the applicant
in accordance with this subsection.
(1) A REP or aggregator shall electronically record
on audio tape, a wave sound file, or other recording device the entirety
of an applicant's authorization and verification. Automated systems
shall provide the customers with either the option of speaking to
a live person at any time during the call, or the option to exit the
call and cancel the enrollment.
(2) The REP or aggregator shall inform the customer
that the authorization and verification portions of the call are being
recorded.
(3) Authorizations and verifications shall be conducted
in the same language as that used in the sales transaction.
(4) Required authorization disclosures. Prior to requesting
verification of the move-in or switch request, a REP or aggregator
shall clearly and conspicuously disclose the following information:
(A) the name of the new REP;
(B) the name of the specific electric service package
or plan for which the applicant's assent is attained;
(C) the price of the product or plan, including the
total price stated in cents per kilowatt-hour, for electric service;
(D) term or length of the term of service;
(E) the presence or absence of early termination fees
or penalties, and applicable amounts;
(F) any requirement to pay a deposit and the estimated
amount of that deposit, or the method in which the deposit will be
calculated or the method in which the deposit will be calculated.
An affiliated REP or POLR shall also notify the applicant of the right
to post a letter of guarantee in lieu of a deposit in accordance with §25.478(i)
of this title;
(G) any fees to the applicant for switching to the
REP pursuant to subsection (n) of this section;
(H) in the case of a switch, the applicant's right,
pursuant to subsection (j) of this section, to review and rescind
the terms of service within three federal business days, after receiving
the terms of service, without penalty;
(I) a statement that the applicant will receive a written
copy of the terms of service document that will explain all the terms
of the agreement and how to exercise the right of rescission, if applicable;
and
(J) if the customer is being enrolled for prepaid service
as defined by §25.498(b)(7) of this title, that the customer
will not receive a bill and may request a summary of usage and payment.
(5) Verification of authorization of telephonic enrollment.
Cont'd... |
