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 1525, July 5, 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:
(a) The retail seller
			 of electricity's complete business name, business address, toll-free business
			 telephone number, and license number issued by the Department.
(b) Complete, accurate pricing information,
			 including materials demonstrating the relationship between usage levels or
			 information specific to the consumer's actual electricity usage history; a
			 definition and a complete explanation of each and every charge that the retail
			 seller may bill to a consumer; an explanation of any applicable restriction,
			 geographic or otherwise, on the actual availability of any price to a consumer;
			 and the precise dates on which any offered price is available and ends, where
			 appropriate.
(c) For consumers that
			 are presently on the standard offer generation service, the retail seller of
			 electricity shall disclose:
1. the
			 availability to the consumer, whenever needed, of default generation service.
2. any differences in the time
			 periods over which the price(s) offered by the seller is (are) fixed as
			 compared to the terms governing standard offer generation service.
3. that it makes no representations beyond
			 the expiration date of its contracted price as compared to the standard offer
			 generation service.
4. that the
			 service that the customer is currently receiving is the standard offer
			 generation service, with a full explanation of the conditions under which the
			 customer may or may not return to standard offer generation service if the
			 customer decides to purchase from the retail seller of electricity and
			 thereafter should wish to return to the standard offer generation service or,
			 alternatively, shall provide the following notice as part of the information
			 which must be disclosed prior to the initiation of 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."
(d) A complete explanation of any applicable
			 connection, re-connection or termination procedures or fees, including, but not
			 limited to, entry or re-entry fees, off-cycle meter reading fees, exit fees, or
			 early cancellation fees or penalties; any fee charged by a distribution company
			 when a consumer changes to another retail seller of electricity; any fee
			 prescribed by the Department; and any other fee that may be charged to a
			 consumer and which is required to be disclosed pursuant to M.G.L. c. 164,
			 § IF(5)(I).
(e) A complete
			 explanation of the terms on which credit may be extended to a consumer, and of
			 any permissible deposit requirements.
(f) A complete description and explanation of
			 any product or service being provided in connection with the purchase of
			 electricity from the retail seller of electricity.
(g) The period of time for which any
			 agreement will obligate the consumer to accept and pay for any product or
			 service from the retail seller of electricity.
(h) The three-day right of the consumer to
			 rescind its decision to purchase from the retail seller of electricity provided
			 by M.G.L. c. 164, § 1F(8)(a)(v).