| (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.
(A) A REP or aggregator shall electronically record
on audio tape, a wave sound file, or other recording device the entirety
of an applicant's verification of the authorization. The REP or aggregator
shall inform the applicant that the verification call is being recorded.
(B) Prior to final confirmation by the applicant that
they wish to enroll with the REP, the REP shall, at a minimum:
(i) obtain or confirm the applicant's billing name,
billing address, and service address;
(ii) obtain or confirm the applicant's ESI-ID, if available;
(iii) for a move-in request, ask the applicant, "do
you agree to become a customer with (REP) and allow (REP) to complete
the tasks required to start your electric service?" and the applicant
must answer affirmatively; or
(iv) for a switch request, ask the applicant, "do you
agree to become a (REP) customer and allow us to complete the tasks
required to switch your electric service from your current REP to
(REP)?" and the applicant must answer affirmatively;
(v) ask the applicant, "do you want to receive information
in English, Spanish (or the language used in the marketing of service
to the applicant)?" The REP shall provide a means of documenting the
applicant's language preference; and
(vi) obtain or confirm one of the following account
access verification data: last four digits of the social security
number, mother's maiden name, city or town of birth, or month and
day of birth, driver's license or government issued identification
number. For non-residential applicants, a REP may obtain the applicant's
federal tax identification number.
(C) In the event the applicant does not consent to
or does not provide any of the information listed in subparagraph
(B) of this paragraph, the enrollment shall be deemed invalid and
the REP shall not submit a switch or move-in request for the applicant's
service.
(D) If a REP has solicited service for prepaid service,
an actual pre-payment by a customer may be substituted for a telephonic
verification, provided that the pre-payment is not taken at the time
of the solicitation by the sales representative that has obtained
the authorization from the customer, and the REP has obtained a written
LOA from the customer and can produce documentation of the pre-payment.
The REP shall not submit a move-in or switch request until it has
received the prepayment from the customer.
(i) Record retention.
(1) A REP or aggregator shall maintain non-public records
of each applicant's authorization and verification of enrollment for
24 months from the date of the REP's initial enrollment of the applicant
and shall provide such records to the applicant, customer, or commission
staff, upon request.
(2) A REP or an aggregator shall submit copies of its
sales script, terms of service document, and any other materials used
to obtain a customer's authorization or verification to the commission
staff upon request. In the event commission staff request documents
under this subsection, the requested records must be delivered to
the commission staff within 15 days of the written request, unless
otherwise agreed to by commission staff.
(3) In the event an applicant or customer disputes
an enrollment or switch, the REP shall provide to the applicant or
customer proof of the applicant's or customer's authorization within
five business days of the request.
(j) Right of rescission. A REP shall promptly provide
the applicant with the terms of service document after the applicant
has authorized the REP to provide service to the applicant and the
authorization has been verified. For switch requests, the REP shall
offer the applicant a right to rescind the terms of service without
penalty or fee of any kind for a period of three federal business
days after the applicant's receipt of the terms of service document.
The provider may assume that any delivery of the terms of service
document deposited first class with the United States Postal Service
will be received by the applicant within three federal business days.
Any REP receiving an untimely notice of rescission from the applicant
shall inform the applicant that the applicant has a right to select
another REP and may do so by contacting that REP. The REP shall also
inform the applicant that the applicant will be responsible for charges
from the REP for service provided until the applicant switches to
another REP. The right of rescission is not applicable to an applicant
Cont'd... |
