Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 19.00 - Retail Marketing And Sale Of Electricity
Section 19.05 - Disclosures Required
Current through Register 1531, September 27, 2024
(1) It is an unfair or deceptive act or practice for a retail seller of electricity to fail to disclose material information about its products, services, or business, where such failure has the capacity or tendency to deceive or mislead a reasonable consumer, or has the effect of deceiving or misleading such a consumer, in any material respect.
(2) It is an unfair or deceptive act or practice for a retail seller of electricity to fail to disclose to a consumer any material fact the disclosure of which may have influenced a reasonable consumer not to enter into a transaction.
(3) Except with respect to default generation service, in which case information shall be provided in accordance with 220 CMR l 1.06(3) and (4), it is an unfair or deceptive act or practice for a retail seller of competitive generation service to initiate service to a consumer, or to provide any product or service to a consumer, or in any way obligate a consumer to accept or pay for any product or service, unless and until the retail seller of electricity has provided the consumer with the following information, in writing, in no less than ten point type for textual material and eight point type for footnotes, and in print that contrasts clearly with the material on which it is printed, and the consumer has affirmatively chosen the product or service:
NOTICE TO CUSTOMERS ON STANDARD OFFER GENERATION SERVICE
"Be aware that the service you are currently receiving from your distribution company is "standard offer generation service, " the rate for which has been approved by the Department of Telecommunications and Energy and which, subject to adjustment for potential developments such as inflation, must result in a 10% discount from the rate in effect during August 1997. You may remain on this service until the end of February 2005. Should you choose to receive service from a competitive supplier rather than your distribution company prior to February 2005, you will not be eligible to return to standard offer generation service unless you qualify as a low-income customer or you have notified your distribution company, prior to February 28, 1999 and within 120 days (180 days if you are receiving service through a public aggregator) of when you first received competitive service, of your desire to return to standard offer generation service."
(4) Where more than one retail seller of electricity is involved in the marketing and/or sale of a particular competitive generation service to a particular consumer, each such individual retail seller shall not be required to individually provide the disclosure required by 940 CMR 19.05(4) so long as the disclosure provided by at least one of the retail sellers satisfies the requirements of 940 CMR 19.05(4); provided that, irrespective of any agreement to the contrary, each such retail seller will continue to be responsible, jointly and severally, for compliance with 940 CMR 19.00.