New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise. In addition, definitions set forth at
				  14:4-1.2 and
				  14:3-1.1 shall apply to this
				  subchapter, unless the context clearly indicates otherwise.
"Existing business relationship" means a relationship formed
				  by a voluntary two-way communication between an electric power supplier, gas
				  supplier, broker, energy agent, marketer, private aggregator, sales
				  representative, or telemarketer and a customer regardless of an exchange of
				  consideration, on the basis of an inquiry, application, purchase, or
				  transaction initiated by the customer regarding products or services offered by
				  the electric power supplier, gas supplier, broker, energy agent, marketer,
				  private aggregator, sales representative, or telemarketer; however, a
				  customer's use of electric generation service or gas supply service through the
				  customer's electric public utility or gas public utility shall not constitute
				  or establish an existing business relationship.
"FTC" means the Federal Trade Commission or its successor
				  agency.
"Redlining" means a procedure that involves unreasonable
				  discrimination based upon race, color, national origin, age, gender, religion,
				  source of income, receipt of public benefits, family status, sexual preference,
				  or geographic location.
"Sales representative" means a person employed by, acting on
				  behalf of, or as an independent contractor for, an electric power supplier, gas
				  supplier, broker, energy agent, marketer, or private aggregator who, by any
				  means, solicits a potential residential customer for the purpose of providing
				  electric generation service or gas supply service to that customer.
"Telemarketer" shall have the same meaning as set forth in
				  56:8-120.
"Telemarketing sales call" means a telephone call made by a
				  telemarketer to a potential residential customer as part of a plan, program, or
				  campaign to encourage the customer to change the customer's electric power
				  supplier or gas supplier. A telephone call made to an existing customer of an
				  electric power supplier, gas supplier, broker, energy agent, marketer, private
				  aggregator, or sales representative, for the sole purpose of collecting on
				  accounts or following up on contractual obligations, shall not be deemed a
				  telemarketing sales call. A telephone call made in response to an express
				  written, electronic, or telephonic request of a customer shall not be deemed a
				  telemarketing sales call.
"Unsolicited advertisement" means any advertising claims of
				  the commercial availability or quality of services provided by an electric
				  power supplier, gas supplier, broker, energy agent, marketer, private
				  aggregator, sales representative, or telemarketer which is transmitted to a
				  potential customer without that customer's prior express invitation or
				  permission.