Current through all regulations passed and filed through December 11, 2023
(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) A CRES provider's promotional and
advertising material that is targeted for residential and small commercial
customers shall be provided to the commission or its staff within
three
business days of a request by the commission or its staff.
(C) 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.
(D)
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.
(E)
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.