| (A) in the case of a switch, a clear and conspicuous
notice of 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
and offer the applicant the option of exercising this right by toll-free
number, email, Internet website, facsimile transmission or regular
mail. This notice shall be accessible to the applicant without need
to open an attachment or link to any other document; and
(B) the terms of service and Your Rights as a Customer
documents. These may be documents attached to the confirmation email,
or the REP or aggregator may include a link to an Internet webpage
containing the documents.
(e) Written enrollment. For enrollments of customers
via a written letter of authorization (LOA), a REP or aggregator shall
obtain authorization and verification of the switch or move-in request
from the applicant in accordance with this subsection.
(1) All LOAs for move-in or switch orders shall be
in plain, easily understood language. The entire enrollment shall
be in the same language.
(2) The LOA shall be a separate or easily separable
document containing the requirements prescribed by this subsection
for the sole purpose of authorizing the REP to initiate a switch request.
The LOA is not valid unless it is signed and dated by the customer
requesting the move-in or switch.
(3) The LOA may contain a description of inducements
associated with enrolling with the REP; however, the actual inducement
itself shall not be either included on or as part of the LOA, or constitute
the LOA by itself.
(4) The LOA shall be legible and shall contain clear
and unambiguous language.
(5) Required authorization disclosures. The LOA shall
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 ability of an applicant to select 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
an applicant's language preference;
(D) the price of the product or plan, including the
total price stated in cents per kilowatt-hour, for electric service;
(E) term or length of the term of service;
(F) the presence or absence of early termination fees
or penalties, and applicable amounts;
(G) any requirement to pay a deposit and the estimated
amount of that deposit, 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;
(H) any fees to the applicant for switching to the
REP pursuant to subsection (n) of this section;
(I) 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;
(J) 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
(K) 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.
(6) Verification of authorization of written enrollment.
A REP or aggregator shall, as part of the LOA:
(A) obtain or confirm the applicant's billing name,
billing address, and service address;
(B) obtain or confirm the applicant's ESI-ID, if available;
(C) affirmatively inquire whether the applicant has
decided to establish new service or change from their current REP
to the new REP;
(D) affirmatively inquire whether the applicant designates
the new REP to perform the necessary tasks to complete a switch or
move in for the applicant's service with the new REP; and
(E) obtain 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, month and day of birth, driver's license
or government issued identification number. For non-residential applicants,
the REP may obtain the applicant's federal tax identification number.
(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.
Cont'd... |
