Rule 515-7-10-.04 - Contents of Letter of Agency(1) Any letter of agency utilized to confirm an order change for commodity sales service or distribution service shall meet the requirements specified herein. (a) A letter of agency shall be a separate document or easily separable document for which the exclusive purpose is to direct a change in marketer. The letter of agency must be signed and dated by the customer requesting a change;(b) The letter of agency shall not be combined with inducements of any kind that are contained on the same document;(c) Notwithstanding the language contained in subparts (a) and (b) of this section, a letter of agency may be combined with checks that contain only the required letter of agency language prescribed in paragraph (d) of this section and the necessary information to make the check a negotiable instrument. Letters of agency contained in any such checks shall not include or otherwise reference any promotional language or information. Letters of agency contained in any such checks shall be set in easily readable, bold face type at least as large and as dark as any other size type on the check.(d) At a minimum, a letter of agency must be printed in a size and readability equal to at least twelve (12) point Font and must contain clear and unambiguous language that confirms: (i) The customer's billing name and address;(ii) The customer's service address to which the letter of agency applies;(iii) The decision to change from the customer's existing marketer or EDC to the succeeding marketer and the type(s) of service to be changed;(iv) That the customer designates the succeeding marketer to act as the customer's agent for such change; and(v) That the customer understands that any selection made by the customer may be subject to a charge for changing the customer's marketer and may involve a charge for changing back to the existing marketer or EDC.(e) Letters of agency shall not suggest or require that a customer take any type of action in order to retain the customer's existing marketer EDC.(f) If any portion of a letter of agency is translated into another language, all remaining portions of the letter of agency must be translated into that language. Every letter of agency must be translated into the same language as any promotional materials, oral descriptions, or instruments provided with the letter of agency.(2) A letter of agency that does not conform to the requirements specified herein is invalid.(3) The EDC shall notify a marketer of any switch request that failed to be processed or was rejected and provide a reason for the occurrence. Upon receipt of such notification, a marketer shall have up to three (3) business days to notify the affected customer.Ga. Comp. R. & Regs. R. 515-7-10-.04
O.C.G.A. §§ 46-2-30, 46-4-150et seq. (See especially, O.C.G.A. §§ 46-4-159, 46-4-160)
Original Rule entitled "Contents of Letter of Agency" adopted. F. Sept. 3, 2002; eff. Sept. 23, 2002.Amended: F. Oct. 4, 2018; eff. Oct. 24, 2018.