N.J. Admin. Code § 14:4-2.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 14:4-2.4 - Signing up or switching customers electronically

(a) A TPS that uses electronic methods to sign up customers, renew customers' contracts for service, and/or obtain authorization to switch a customer, shall comply with this section.

(b) If a TPS uses electronic methods to sign up, renew, or switch customers, the TPS shall comply with the Uniform Electronic Transaction Act, 12A:12-1 through 26.

(c) A TPS that uses electronic signup, renewal or switching shall maintain a website that includes, at a minimum, the following:

1. A statement that the customer, by using electronic signup, renewal, or switching, is consenting to the terms and conditions listed on the website in electronic form;

2. A separate statement as to software requirements for a customer to access and retain electronic records of the transactions made on the website; and

3. A mechanism to obtain the customer's acknowledgement of the customer's affirmative obligation to provide the TPS with any change in e-mail address, and/or with any withdrawal of consent for the electronic retention of contracts or other customer information.

(d) The website through which a customer may sign up for, renew service with or switch TPSs shall require the customer to pass through separate web pages that provide and collect, at a minimum, all of the following:

1. Customer information including, at a minimum, the customer's first and last name, service address, e-mail address, utility account number and, where required by a utility to complete enrollment, meter number;

2. The full terms and conditions of the contract;

3. A requirement that the customer assent to a statement indicating that:

i. The customer is the customer of record or has the authority to sign up, renew and/or change the TPS for the account listed;

ii. The customer has read, understands and agrees to the terms and conditions of the contract; and

iii. The customer is voluntarily authorizing a new enrollment, a renewal, or a switch in its TPS;

4. A prompt to the customer to print or save the terms and conditions to which the customer assents; and

5. An electronic method and/or an e-mail address for the customer to submit a request to cancel the contract, consistent with the terms of the contract.

(e) A switch requested by a customer through the internet is subject to the LDC notice requirements at 14:4-2.6, as well as all other applicable provisions of this subchapter.

(f) The receiving TPS shall send the customer a separate electronic message, acknowledging receipt of the enrollment, renewal or change.

(g) Each TPS shall ensure that all information that is transferred electronically between a customer and the TPS is encrypted, using an encryption standard that will ensure the privacy and security of all customer information.

(h) The TPS shall ensure that any electronic contract containing a TPS's terms and conditions shall be identified by a version number in order to ensure that the TPS, Board staff and the customer can verify the particular contract to which the customer assents.

(i) Upon request by the customer, the TPS shall make available to the customer a copy of the terms and conditions of the contract version number that the customer has signed. The TPS shall provide to the customer a toll-free telephone number, Internet means or an e-mail address for the customer to request this information throughout the duration of the contract.

(j) A contract shall be terminated only in accordance with the termination provisions in the Board's consumer protection rules at 14:4-7.1 0. If a contract for a customer enrolled or renewed via the Internet is terminated, the TPS shall provide a cancellation number to the customer.

N.J. Admin. Code § 14:4-2.4

Amended by R.2012 d.091, effective 5/7/2012.
See: 43 N.J.R. 1150(a), 44 N.J.R. 1534(a).
Rewrote (b), (d)3i, (e) and (f); in the introductory paragraph of (c), deleted a comma following "renewal"; in (c)2, deleted "the hardware and" preceding "software"; in the introductory paragraph of (d), deleted a comma following "with"; in (d)1, inserted "the customer's first and last"; in (d)2, deleted ". The customer shall be required to affirmatively indicate that the customer has read the terms and conditions" from the end; deleted former (d)4; recodified former (d)5 and (d)6 as (d)4 and (d)5; in (h), inserted ", Board staff and the customer"; in (i), deleted ", including the environmental disclosure label," following "conditions" and deleted a comma following "means"; and in (j), deleted "and to the LDC" at the end.