Current through Register Vol. 54, No. 38, September 21, 2024
(a) A supplier shall establish a written,
oral or electronic transaction process for a customer to authorize the transfer
of the customer's account to the supplier.
(1) A document used to complete a transaction
must include a means to identify, when an agent is involved, the agent who
completed the transaction and a notation indicating whether the transaction was
the result of:
(i) A door-to-door call or
other in-person contact with an agent.
(ii) A telephone contact with an
agent.
(iii) A written document
completed and mailed to a supplier by a customer outside the presence of, or
without interaction with, an agent.
(iv) An electronic document completed and
uploaded to a supplier's web site or e-mailed to a supplier by a customer
outside the presence of, or without interaction with, an agent.
(2) A supplier shall provide a
copy of documentation used in a customer transaction to the Commission upon
request.
(b) A supplier
shall establish a process to verify a transaction that involved an agent. The
process shall confirm that the customer authorized the transfer of the
customer's account to the supplier. This subsection does not apply to a
transaction that was completed solely by the customer as set forth in
subsection (a)(1)(iii) and (iv).
(1) A
supplier may use a third party to verify transactions.
(2) The verification process shall be
separate from the transaction process and initiated only after the transaction
has been finalized. When verifying a transaction that resulted from an agent's
contact with a customer at the customer's residence, the verification process
shall be initiated only after the agent has physically exited the customer's
residence, unless the customer agrees that the agent may remain in the vicinity
of the customer during the verification process. Prior to initiating the
verification process, the agent shall inform the customer that the agent may
not be in the vicinity during the verification unless the customer agrees to
the agent's presence.
(3) A
customer shall be informed of the 3-business-day right of rescission of the
transaction under §
§
54.5(d) and
62.75(d)
(relating to disclosure statement for residential and small business customers)
and the customer's rights under section 7 of the Unfair Trade Practices and
Consumer Protection Law (73 P. S. §
201-7) at the end of the verification process
contact.
(4) A supplier shall
maintain a record of a verification in a system that is capable of retrieving
the record by customer name and customer account number for a period of time
equivalent to at least six billing cycles to enable compliance with §
57.177 (relating to customer
dispute procedures) for an EGS and §
59.97 (relating to customer
dispute procedures) for an NGS.
(5)
The verification record must include the transaction documents and the
following information:
(i) The date that the
transaction was completed.
(ii) The
name or identification number of the agent that completed the
transaction.
(iii) The date of the
verification.
(iv) The name or
identification number of the individual that conducted the
verification.
(v) The results of
the verification.
(vi) The date
that the disclosure statement was provided to the customer and the method by
which it was provided.
(6) A supplier shall provide copies of
verification records to the Commission upon request.
(c) When a supplier is informed that a
transaction could not be verified, the supplier shall contact the customer by
telephone, e-mail or letter and explain that the transaction could not be
verified. The supplier may offer assistance to correct the problem so that the
transaction can be resubmitted to the verification process.
