N.H. Admin. Code § Puc 2004.11

Current through Register No. 50, December 12, 2024

Section Puc 2004.11 - Solicitation of Customers

(a) A CEPS or aggregator, or its representative, may solicit by telephone customers who are not listed on the National Do Not Call Registry subject to Federal Communications Commission regulations 47 C.F.R. § 64.1200 through § 64.1202 and Federal Trade Commission regulations 16 C.F.R. § 310.1 through § 310.9.

(b) Any written or verbal solicitation to provide electricity shall advise potential residential and small commercial customers of the right to rescind authorization described in Puc 2004.02(d)(14) above.

(c) A CEPS or aggregator, or its representative, shall not while soliciting by telephone:

(1) Initiate any telephone call to:

a. An emergency telephone line, including any 911 line or any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;

b. The telephone line of any guest room or patient room of a hospital, health care facility, home for the elderly, or similar type facility;

c. A telephone number assigned to a paging service, specialized mobile radio service, or other radio common carrier service, or any other service for which the called party is charged for the call; or

d. A telephone number assigned to a cellular telephone service, unless the call is directly placed to the number and not initiated using an automatic telephone dialing system.

(2) Use any device to send an unsolicited advertisement to a telephone facsimile machine;

(3) Use a pre-recorded automated message to send unsolicited advertisements to potential customers;

(4) Initiate any telephone solicitation to a customer or potential customer before 8:00 a.m. or after 9:00 p.m. eastern time;

(5) Initiate any telephone solicitation to a customer or potential customer on before 11:00 a.m. or after 8:00 p.m. on Sunday or on any state or federal holiday; or

(6) Initiate any telephone solicitation to a customer or potential customer unless the CEPS or aggregator has instituted procedures, as provided in (d) below, for maintaining a list of persons who do not wish to receive telephone solicitations made by or on behalf of the CEPS or aggregator.

(d) A CEPS or aggregator which intends to solicit by telephone residential and small commercial customers directly or through the use of a third party service shall:

(1) Provide the called party with the name of the CEPS or aggregator for which the call is being made and a telephone number or address at which the CEPS or aggregator can be reached; and

(2) Establish a written policy for maintaining a do-not-call list, including:

a. Maintaining a listing, in conformance with the National Do Not Call Registry timelines, of New Hampshire customers and potential customers who have registered with the National Do Not Call Registry prior to conducting any telephone solicitation;

b. Providing notification to customers and potential customers that such a list is maintained;

c. Providing information about how to be placed on the National Do Not Call Registry or a supplier-specific do-not-call list;

d. Instituting training for personnel engaged in any aspect of telephone solicitation in the existence and use of the National Do Not Call Registry and any supplier-specific do-not-call list;

e. Ensuring telephone solicitations are not made to any customer or potential customer who has registered with the National Do Not Call Registry or requested do-not-call treatment consistent with the timelines required by the National Do Not Call Registry and Federal Communications Commission regulations 47 C.F.R. § 64.1200 through § 64.1202 and Federal Trade Commission regulations 16 C.F.R. § 310.1 through § 310.9; and

f. Providing monthly updates to the do-not-call list so that customers or potential customers who have requested not to be called are not called.

(e) A CEPS or aggregator, or its representative, soliciting a potential residential customer in person at the customer's residence shall:

(1) Conduct in-person solicitation of the customer only between the hours of 9:00 a.m. and 7:00 p.m. on Monday through Saturday, between the hours of 12:00 p.m. and 6:00 p.m. on Sunday or on any state or federal holiday, or during such more limited hours as are prescribed by local ordinance, regulation, or order;

(2) Provide written notice to the municipal police department prior to commencing in-person solicitation of residential customers in a municipality, which notice shall state the dates and times when the in-person solicitation will occur and identify the individual employees or representatives who will conduct the in-person solicitation;

(3) Require its employee or representative to leave the customer's premises prior to any third-party verification call during which customer enrollment is confirmed;

(4) If customer enrollment with a CEPS will occur through the in-person solicitation, provide to the customer a written notice stating:

a. The customer has agreed to change the provider of its electricity supply service to the CEPS;

b. The electricity supply price per kWh;

c. The time period during which the stated price per kWh is valid;

d. The term of the contract if the electricity supply price is fixed;

e. The electricity supply price is subject to change if it is a variable price contract;

f. Description of the means by which the customer can obtain information regarding future changes in any variable price for electricity supply;

g. The date by which the customer must contact the CEPS to rescind the enrollment; and

h. Information on how the customer may contact the CEPS;

(5) Require the CEPS employee or representative conducting the in-person solicitation to leave with the customer the notice required under (4) above, unless the notice is sent to the customer by electronic mail or U.S. mail within one business day following the third-party verification call confirming the customer's enrollment with the CEPS;

(6) Retain a written record that the notice required under (4) above was provided to the customer by or on behalf of the CEPS in the manner required under (5) above;

(7) If customer enrollment with a CEPS will not occur through the in-person solicitation, require the CEPS employee or representative to leave behind with the customer written materials that explain retail electricity supply options, describe the CEPS's electricity supply offerings, and instruct how the customer may enroll with the CEPS if desired; and

(8) If customer enrollment with a CEPS will not occur through the in-person solicitation, refrain from further solicitation of the customer through any means until the next day after the CEPS employee or representative leaves the customer's premises.

(f) A CEPS or aggregator, or its representative, may contact a potential residential customer in person at a location other than the customer's residence, for the purpose of selling any product or service offered by the CEPS or aggregator.

(g) A CEPS or aggregator, or its representative, soliciting a potential residential customer in person in accordance with (e) or (f) above, or soliciting any potential non-residential customer in person, shall comply with all state and local laws, rules, and ordinances applicable to such solicitation.

(h) A CEPS or aggregator, or its representative, soliciting a potential residential customer in person in accordance with (e) or (f) above, or soliciting any potential non-residential customer in person, shall, as soon as possible and prior to describing any products or services offered for sale:

(1) Produce identification, to be visible at all times thereafter, which prominently displays in reasonable size type the full name of the CEPS or aggregator and the representative, as well as the CEPS's or aggregator's telephone number for inquiries, verification, and complaints, and shall leave such identification with the potential customer upon request;

(2) Describe the relationship of the representative with the CEPS or aggregator;

(3) Clearly state that the representative is not working for and is independent of the potential customer's electric utility;

(4) State that if the potential customer purchases electricity from the CEPS, or through the aggregator, the potential customer's utility will continue to deliver the potential customer's electricity and will respond to any outages or emergencies; this requirement may be fulfilled by an oral statement to the potential customer, or by written materials left with the potential customer; and

(5) Where it is apparent that the potential customer's English language skills are insufficient to allow the potential customer to understand and respond to the information conveyed, or where the potential customer or another third party informs the CEPS or aggregator, or its representative, of this circumstance, the CEPS, aggregator, or representative shall either find a replacement or translator who is fluent in the potential customer's language to continue the marketing activity, or shall terminate the in-person contact with the potential customer.

N.H. Admin. Code § Puc 2004.11

Derived From Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12372, Effective 11/1/2017, Expires 11/1/2027.