26 Del. Admin. Code § 3001-11.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 3001-11.0 - Enrollment, Marketing, and Advertising

11.1 An electric supplier shall comply with all federal, State and local laws applicable to the advertising or marketing of electric supply service, and it shall be a violation of these Regulations to fail to comply with such laws.

11.2 No electric supplier shall make misrepresentations or use deceptive practices relating to its own services or the services provided by the customer's EDC in its solicitations, advertising or marketing materials. These materials include radio or television advertisements, mail, e-mail, website claims, social media, telephone, and person-to person contacts.

11.3 An electric supplier's solicitation, advertising and marketing materials must include the name, toll-free telephone number, and address of the electric supplier.

11.4 If an electric supplier makes changes to its contract for electric supply service to residential customer or small commercial customers that substantively modifies the terms and conditions of service, including changes to the electric supplier's name and changes in product offerings, then the electric supplier shall provide copies of the modified contract and contract summary to staff and DPA at least 3 business days before offering the revised terms and conditions in Delaware. For purposes of this requirement, a change to the contract price shall not be considered a change in a term or condition of service.

11.5 Marketing/Sales Activities.

11.5.1 Marketing materials that offer terms of service for acceptance by residential customers and small commercial customers shall include prices, as follows:

11.5.1.1 If using a fixed price, the electric supplier shall factor in the fixed price and any other monthly fees and charges charged to the residential customer or small commercial customer, and show in a table the price per kWh for an average residential customer or small commercial customer using 500, 1,000 or 2,000 kWh of electricity;

11.5.1.2 If using a variable price, the electric supplier shall factor in the variable price and any other monthly fees and charges charged to the residential customer or small commercial customer, and show in a table the Price per kWh for an average residential customer or small commercial customers using 500, 1,000 and 2,000 kWh of electricity; and

11.5.1.3 The electric supplier shall note the effective date of the prices shown in the table provided under subsections 11.5.1.1 and 11.5.1.2.

11.5.2 Advertising materials targeted for residential customer or small commercial customers shall be made available upon request of the Commission or DPA in the event of a formal or informal complaint or investigation.

11.6 Enrollment Authorization. An electric supplier must obtain authorization from the customer before switching a customer's provider of electric supply service.

11.6.1 There are 3 principal ways in which an electric supplier may obtain a residential customer or small commercial customer's authorization to enter into a contract for electric supply service:

11.6.1.1 Recorded verbal consent via the telephone;

11.6.1.2 Electronic contract; or

11.6.1.3 Written contract.

11.6.2 If an electric supplier offers a customer a check, prize, or other incentive which requires a signature or electric signature, that signature or electric signature cannot be used as the contract signature or electric signature.

11.7 Telephone Solicitations and Enrollments.

11.7.1 When a residential customer or small commercial customer enrolls with an electric supplier during a telemarketing call, the electric supplier shall record the entire telephone call between the residential customer or small commercial customer and the electric supplier or its agent, and also record a TPV.

11.7.2 The electric supplier shall maintain a copy of the recorded sales call and TPV, if applicable, for the duration of the residential customer or small commercial customer's contract.

11.7.3 During the sales portion of a telemarketing call, the electric supplier or its agent shall:

11.7.3.1 Begin the conversation by stating the following:

11.7.3.1.1 The electric supplier's and agent's name and, upon request, the agent's identification number;

11.7.3.1.2 The name of the electric supplier that the agent is representing;

11.7.3.1.3 The purpose of the telephone call is to sell electric supply service; and

11.7.3.1.4 That the agent is not working for and is independent of the residential customer's or small commercial customer's electric distribution company or another electric supplier.

11.7.3.2 Disclose all material contract terms and conditions; including:

11.7.3.2.1 If a variable price, the information in subsection 6.2.2.3.2.2 and the first month's variable price;

11.7.3.2.2 The duration of any introductory price and a description of the price after the introductory price ends;

11.7.3.2.3 How the residential customer or small commercial customer may access future price information;

11.7.3.2.4 The residential customer or small commercial customer's right to rescind the contract within 3 business days from receipt of the contract; and

11.7.3.2.5 The amount of any early cancellation fees and any other charges;

11.7.3.3 Explain that the residential customer or small commercial customer must be the account holder or authorized to make the switch;

11.7.3.4 Ensure that the residential customer or small commercial customer understands that the customer is voluntarily choosing to switch electric suppliers;

11.7.3.5 State that the contract will be provided to the residential customer or small commercial customer by U.S. mail, or by email with the residential customer or small commercial customer's consent, within 3 business days of the contracting conversation, and that the residential customer or small commercial customer will not be switched from the current electric supplier or SOSS until the rescission period has expired;

11.7.3.6 Explain the electric supplier's TPV process, if applicable; and

11.7.3.7 Provide the toll-free number of the electric supplier.

11.7.4 No electric supplier shall request a potential residential customer's or small commercial customer's electric supplier or EDC account number until the electric supplier has provided to the potential residential customer or small commercial customer the information required in subsections 11.7.3.1.1. through 11.7.3.1.4.

11.7.5 The electric supplier shall immediately halt any telemarketing call upon the request of the prospective residential customer or small commercial customer.

11.7.6 Pursuant to 26 Del.C. § 1012(b) and as further defined in Section 1.0, no electric supplier shall solicit residential customer or small commercial customers by means of telemarketing where such telemarketing is prohibited by applicable laws and regulations. An electric supplier soliciting customers by telephone shall comply with all applicable Delaware and federal laws, including the Telephone Consumer Protection Act of 1991 (15 U.S.C. §§ 6151et seq.) and the Telemarketing Consumer Fraud and Abuse Prevention Act of 1994 (15 U.S.C. §§ 6101et seq.).

11.8 Door-to-Door Solicitations and Enrollments.

11.8.1 For door-to-door contracts, electric supplier must obtain:

11.8.1.1 Written or electronic authorization; and

11.8.1.2 A completed TPV or other process established by the electric supplier to verify the transaction. A process other than a TPV shall:

11.8.1.2.1 Be separate from the sales transaction process and initiated only after the sales transaction has been finalized; and

11.8.1.2.2 Be initiated only after the agent has physically exited the residential customer or small commercial customer's premises;

11.8.2 Door-to-door sales at a residential dwelling shall be conducted by an Electric electric supplier's agent between the hours of 9 a.m. to 8 p.m. EST. When a local ordinance has stricter limitations, an electric supplier shall comply with the local ordinance.

11.8.3 When conducting door-to-door sales or appearing at a public event, an agent may not wear apparel or accessories or carry equipment that contains branding elements, including a logo, that suggests a relationship that does not exist with an SOSS, EDC, government agency, or another electric supplier.

11.8.4 An electric supplier or its marketing agent engaging in door-to-door sales or appearing at public events shall:

11.8.4.1 Display a photo identification badge that contains the following information:

11.8.4.1.1 The agent's full legal name;

11.8.4.1.2 The electric supplier's business name, business address, and toll-free telephone number; and

11.8.4.1.3 The order number of the proceeding in which the Commission granted the electric supplier's ESC.

11.8.5 If a door-to-door sale, the agent shall promptly:

11.8.5.1 Identify the electric supplier the agent is representing;

11.8.5.2 State that the individual and the electric supplier do not represent the customer's EDC or any governmental agency;

11.8.5.3 State that the purpose of the visit is to sell electric supply service.

11.8.5.4 Prominently display an identification badge; and

11.8.5.5 Offer a business card or other material that lists:

11.8.5.5.1 The electric supplier's name and contact information, including telephone number;

11.8.5.5.2 The docket number of the proceeding in which the Commission granted the electric supplier's ESC; and

11.8.5.5.3 The agent's name and any other identification numbers provided to the sales agent by the electric supplier or agent.

11.8.6 An agent performing a door-to-door sale may not request a potential residential customer or small commercial customer's electric supplier or EDC account number or electric bill until the agent has provided the information required in subsections 11.8.5.1 through 11.8.5.5.

11.8.7 In connection with any door-to-door sale, it is a violation of this regulation for any electric supplier or agent to:

11.8.7.1 Fail to leave the residential customer or small commercial customer's premises upon request in a prompt and courteous manner;

11.8.7.2 Leave the residential customer or small commercial customer's premises after completing a sale without furnishing the residential customer or small commercial customer with a completed contract signed by the residential customer or small commercial customer that includes all required disclosures and a contract summary. The completed contract and contract summary may be provided electronically if the residential customer or small commercial customer consents to electronic receipt;

11.8.7.3 Fail to inform each residential customer or small commercial customer orally, at the time the residential customer or small commercial customer signs the contract, of the right to rescind without penalty or fee within 3 business days from the date of the transaction;

11.8.7.4 Misrepresent in any manner the residential customer or small commercial customer's right to rescind without penalty or fee within 3 business days from the date of the transaction; and

11.8.7.5 Fail or refuse to honor a valid notice of cancellation received during the rescission period within 3 business days after the receipt of such notice from the residential customer or small commercial customer.

11.8.8 Background Checks for door-to-door agents. An electric supplier shall not permit an agent to conduct door-to-door sales to residential customer or small commercial customer until it has completed a criminal background investigation on the agent. The criminal background investigation shall include:

11.8.8.1 The electric supplier, or the independent contractor or vendor it utilizes, obtaining and reviewing the criminal history results from the following searches:

11.8.8.1.1 Delaware state and county courts;

11.8.8.1.2 A nationwide federal criminal court search, such as the Federal Public Access to Court Electronic Records (PACER) System;

11.8.8.1.3 The U.S. Department of Justice National Sex Offender Public Registry; and

11.8.8.1.4 Every other state in which the Agent resided during the last 12 months.

11.8.8.2 For a current agent who conducts door-to-door sales, an electric supplier must obtain a criminal history record for such individual not later than 90 days after the effective date of this regulation.

11.8.9 Notification Regarding Door-to-Door Sales Activities.

11.8.9.1 When an electric supplier engages in door-to-door sales, the electric supplier shall notify staff and DPA by e-mail no later than the morning of the day that the activity begins. The notification shall include general, nonproprietary information about the activity, the period involved and a general description of the geographical area.

11.8.9.2 An electric supplier shall provide the EDC with general, nonproprietary information about the door-to-door activity that caused the electric supplier to provide notice to staff and DPA. The electric supplier shall provide this general information to the EDC no later than the morning of the day that the sales and marketing activities begin. The EDC shall use this information only for acquainting its customer service representatives with sales and marketing activity occurring in its service territory so that they may address customer inquiries knowledgeably. An EDC may not use the information for other purposes.

11.9 Internet Enrollments.

For electronic contracting on the internet, the electric supplier's website must be configured to prompt the residential customer or small commercial customer to review and agree to the contract and contract summary before the contract is final, and to print or save the contract and contract summary.

26 Del. Admin. Code § 3001-11.0

27 DE Reg. 262 (10/1/2023)
27 DE Reg. 983 (6/1/2024) (Final)