Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 19.00 - Retail Marketing And Sale Of Electricity
Section 19.04 - Misrepresentations Prohibited
Current through Register 1531, September 27, 2024
It is an unfair or deceptive act or practice for a retail seller of electricity to make any material representation to the public or to any consumer, either directly or through any type of marketing or agreement, or through the use of any misleading ·symbol or representation, which the seller knows or should know has the capacity or tendency to deceive or mislead a reasonable consumer, or that has the effect of deceiving or misleading a reasonable consumer, in any material respect, including but not limited to representations relating to:
(a) the quality, environmental or other characteristics, or source of any product or service being offered for sale by any retail seller of electricity.
(b) the business relationship between any retail seller of electricity and any distribution company.
(c) benefits to the consumer arising from the business relationship between a retail seller of electricity and a distribution company.
(d) any term of any agreement to be entered into by the retail seller of electricity and a consumer.
(e) the distribution price, the generation price or the total delivered price of electricity or the price of any related electricity products or service to be charged to a consumer.
(f) the likelihood that a consumer will be able to purchase electricity or related products or services at a particular price, where the price depends upon the level of the consumer's electricity usage or any other variable.
(g) the difference between any price being charged by any retail seller of electricity, including a distribution company, and any price being charged by any other retail seller of electricity, including a distribution company.
(h) the amount of money to be saved by a consumer, expressed in any manner, if a consumer chooses one retail seller of electricity, including a distribution company, over any other entity selling electricity.
(i) the time period during which any offered price will be available.
(j) the period of time for which any price will remain in effect.
(k) the informational disclosures required to be provided by 220 CMR 11.06 including but not limited to the electricity information label.
