Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 412 - OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS › Subpart B - MARKETING PRACTICES › Section 412.170 - Conduct, Training and Compliance of ARES Sales Agents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each ARES shall conduct or cause to be
				conducted training for individual representatives engaged in in-person solicitation
				and telemarketing to residential customers on behalf of that ARES prior to
				conducting any solicitations on the supplier's behalf. Each ARES shall submit a copy
				of its training material to the Commission on an annual basis (on or before June 1)
				and the Commission shall have the right to review and require updates to the
				material. After initial training, each ARES shall be required to conduct refresher
				training for its individual representatives every 6 months.
b) Each ARES shall perform or cause to be
				conducted criminal background checks on all employees and ARES sales agents engaged
				in in-person solicitation. The ARES shall maintain a record confirming that a
				criminal background check has been performed on its employees or sales agents in
				accordance with this Section and shall produce that record on request to Commission
				Staff.
c) An ARES sales agent shall be
				knowledgeable of the requirements applicable to the marketing and sale of power and
				energy service to the customer class being targeted. In addition to this Part,
				requirements pertaining to the marketing and sales of power and energy service may
				be found in other rules, the Act and the Consumer Fraud and Deceptive Business
				Practices Act.
d) All ARES sales agents
				shall be familiar with electric power and energy services that they sell, including
				the rates, payment and billing options, the customers' right to cancel, and
				applicable termination fees, if any. In addition, the ARES sales agents shall have
				the ability to provide the customer with a toll-free number for billing questions,
				disputes and complaints, as well as the Commission's toll-free phone number for
				complaints.
e) ARES sales agents shall
				not utilize false, misleading, materially inaccurate or otherwise deceptive language
				or materials in soliciting or providing services. ARES sales agents shall also fully
				comply with the requirements of Section
				412.100, governing Marketing
				Materials.
f) No ARES agent shall make a
				record of a customer's electric utility account number unless all applicable
				disclosures are made to the customer and the customer has agreed to enroll with the
				ARES; the ARES has secured consent from the customer to obtain customer-specific
				information for the purpose of pricing a product through a verifiable customer
				consent or other Commission approved method; or the "record" is a recording required
				by Sections 412.130 and
				412.140.
g) All ARES sales agents shall complete a training
				program that covers the applicable Sections of this Part. The ARES shall document
				the training of its sales agents and provide a certification to the Commission, in a
				format to be specified by Staff, showing that an agent completed the training
				program prior to a sales agent being eligible to market or sell electricity in
				Illinois. The ARES shall maintain records of certificates for three years from the
				date the training was completed. Upon request by the Commission or Commission Staff,
				an ARES shall provide training materials and training records, including refresher
				training as described in (a), within seven business days.
h) When an ARES contracts with an independent
				contractor or vendor to solicit customers on the ARES' behalf, the ARES shall
				confirm that the contractor or vendor has provided training in accordance with this
				Section.
i) Each ARES shall monitor
				marketing and sales activities to ensure that its ARES sales agents are providing
				accurate and complete information and complying with all laws and
				regulations.