Md. Code Regs. 20.59.07.07

Current through Register Vol. 51, No. 10, May 17, 2024

Section 20.59.07.07 - Advertising and Solicitations

A. Advertising Permitted.

(1) A supplier may advertise its services.

(2) A supplier may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive.

(3) A supplier may not make an offer to an energy assistance household unless the offer is for a Commission-approved contract for energy assistance households.

B. Disclosures.

(1) All supplier marketing or solicitation information, including that used by its agents or employees, shall include the supplier's Maryland license number in a clear and conspicuous manner.

(2) If a price is quoted, the following statements are required:

(a) The price quoted is only for the specified commodity provided by the supplier;

(b) The price quoted does not include any tax, utility distribution charge, or other utility fee or charge; and

(c) The supplier's price is not regulated by the Commission.

(3) All supplier marketing or solicitation information shall include either:

(a) If a supplier is marketing a Commission-approved contract for energy assistance households, a statement that customers enrolled in an energy assistance program cannot be charged more than the utility's gas commodity price or net purchased gas charge; or

(b) If a supplier is marketing a product that is not approved for energy assistance households, a statement that a customer enrolled with an energy assistance program cannot enroll in this product.

C. Internet.

(1) Internet Advertising. A supplier shall post on the Internet:

(a) Readily understandable information about its services and prices; and

(b) A description of its supplier-consolidated billing offering, including a sample bill, if the supplier is licensed to provide supplier-consolidated billing services and is offering supplier-consolidated billing services.

(2) Commission Website.

(a) Suppliers shall submit open offers to the Commission's website according to instructions provided by the Commission; and

(b) In the event of a discrepancy between a supplier's open offer posted on the Commission's website and the supplier's corresponding open offer displayed on the supplier's website, the supplier shall honor the terms that are more favorable to the customer.

D. Telephone Solicitation.

(1) A supplier soliciting customers by telephone shall comply with all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§ 14-2201 -14-2205, Annotated Code of Maryland.

(2) A supplier may not conduct a residential customer telephone solicitation before 8 a.m. or after 9 p.m.

Md. Code Regs. 20.59.07.07

Regulations .07 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532); amended effective 43:5 Md. R. 387, eff.3/14/2016; amended effective 46:5 Md. R. 310, eff. 3/11/2019; amended effective 49:5 Md. R.367, eff. 3/7/2022; amended effective 50:13 Md. R. 513, eff. 7/10/2023