Current through all regulations passed and filed through September 16, 2024
(A) Each
competitive retail electric service (CRES) provider that offers retail electric
generation service to residential or small commercial customers shall provide,
in marketing materials that include or accompany a service contract, sufficient
information for customers to make intelligent cost comparisons against offers
they receive from other CRES providers.
Offers shall at a minimum include:
(1) For fixed-rate offers, the cost per
kilowatt hour for generation service and, if applicable, transmission
service.
(2) For per cent-off
discounted rates, an explanation of the discount and the basis on which any
discount is calculated.
(3) For
variable rate offers, a clear and understandable explanation of the factors
that will cause the price to vary, including any related indices, and how often
the price can change.
(4) For
flat-monthly rate offers, a specific listing of the rate to be charged per
month for the duration of the contract.
(5) The amount of any other recurring or
nonrecurring CRES provider charges.
(6) A statement that the customer will incur
additional service and delivery charges from the electric utility.
(7) A statement of any contract contingencies
or conditions precedent.
(B) No CRES provider
may engage in marketing, solicitation, or sales acts, or practices which are
unfair, misleading, deceptive, or unconscionable in the marketing,
solicitation, or sale of a CRES. Such unfair, misleading, deceptive, or
unconscionable acts or practices include, but are not limited to, the
following:
(1) Soliciting customers to enroll
at either of the following times:
(a) After
suspension, rescission, or conditional rescission of its certification by the
commission.
(b) After denial of
certification renewal by the commission.
(2) Failing to comply with paragraph (A) or
(B) of this rule.
(3) Failing to
provide in or with its advertisements and promotional materials that make an
offer for sale, a toll-free telephone number (and address for printed
materials) which the potential customer may call or write to request detailed
information regarding the price, terms, conditions, limitations, restrictions,
and, if applicable, environmental characteristics of the service
offered.
(4) Soliciting via
telephone calls initiated by the CRES provider (or its agent) without first
taking both of the following actions:
(a)
Obtaining the list of Ohio individuals who have requested to be placed on the
federal trade commission's "do not call" registry by the appropriate area
code.
(b) Obtaining monthly updates
of the federal trade commission's "do not call" registry for the appropriate
area code.
(5) Engaging
in telephone solicitation of individuals who have been placed on the federal
trade commission's "do not call" registry and who are not otherwise
exempted.
(6) Engaging in telephone
solicitation to residential customers either before nine a.m. or after nine
p.m.
(7) Engaging in direct
solicitation to residential customers where the CRES provider's sales agent
fails to wear and display a valid CRES provider photo identification. The
format for this identification shall be preapproved by the staff.
(8) Advertising or marketing offers that:
(a) Claim that a specific price advantage,
savings, or guarantee exists if it does not.
(b) Claim to provide a CRES when such an
offer is not a bona fide offer to sell such services.
(c) Offer a fixed price for CRES without
disclosing the cost per kilowatt hour and all recurring and nonrecurring
charges.
(d) Offer a variable price
for CRES without disclosing all recurring and nonrecurring charges.
(e) Fail to disclose all material
limitations, exclusions, contract contingencies, conditions precedent and offer
expiration dates.
(f) Offer a
variable price for competitive retail electric service that is not based on
verifiable factors.
(g) Fail to
conspicuously disclose an affiliate relationship with an existing Ohio electric
utility.
(h) Lead the customer to
believe that the CRES provider is soliciting on behalf of or is an agent of an
Ohio electric utility when no such relationship exists.
(9) Marketing, advertising, or claiming that
the environmental characteristics of any generation service energy source(s)
provide an environmental advantage that does not exist.
(10) Engaging in any solicitation that will
lead the customer to believe that the CRES provider is soliciting on behalf of
or is an agent of any entity other than the CRES provider.
(11) Engaging in direct solicitation to
customers without complying with all applicable ordinances and laws of the
customer's jurisdiction.
(C) CRES providers
shall perform criminal background checks on all employees and agents engaged in
door-to-door marketing and enrollment. The criminal background check shall be
done by an independent contractor and the CRES provider shall confirm that the
independent contractor has performed a comprehensive criminal background check
on its employees or agents in accordance with this rule.
(D) In
the absence of local ordinances or regulations and to ensure the safety of all
involved, CRES providers, and their agents shall not conduct door-to-door
marketing, solicitation, or enrollment outside the hours of nine a.m. to seven
p.m.
