Current through Register Vol. 48, No. 12, March 22, 2024
a) In addition to the
requirements set forth in Section 2EE of the Illinois Consumer Fraud and Deceptive
Business Practices Act [
815 ILCS
505/2EE ], by virtue of being in electronic form, an
electronic LOA shall provide the following additional information:
1) The means by which any future correspondence
between the customer and RES will be sent;
2) Whether the customer has the option to receive
correspondence by United States Mail or electronic means; and
3) A disclosure stating that the customer may opt
to receive a written copy of the contract.
b) In addition to the requirements set forth in
Section 2EE of the Consumer Fraud and Deceptive Business Practices Act, the RES
shall comply with the following procedures when utilizing electronic LOAs:
1) Ensure that the customer provides all
information necessary to complete the electronic LOA through a securely encrypted
input procedure that meets or exceeds current industry practices;
2) Ensure that the customer indicates by a
separate affirmative act that he or she has the authority to execute the electronic
LOA;
3) Ensure that the customer
understands and assents to the LOA;
4)
Include a version number in the body of the electronic LOA in order to permit
verification of the LOA to which the customer assents;
5) Prompt the customer to print or electronically
save a copy of the electronic LOA;
6)
Immediately send a message to the e-mail account provided by the customer to the RES
acknowledging receipt of the electronic LOA;
7) Retain the electronic LOA for a period of at
least five years after execution or the length of time that the customer takes
service with the RES, whichever is longer; and
8) Upon request, provide to the Commission,
Commission Staff, or the customer a written and/or electronic copy of the LOA,
including information to support adherence to Section
453.20(b).
c) In the event of any conflict between
this Section and the requirements for RESs and LOAs provided in electric utility
tariffs on file with the Commission July 1, 2003, this Section shall
control.
