N.J. Admin. Code § 14:4-7.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 14:4-7.3 - Advertising standards

(a) Any advertisements by a TPS that offers customers optional services, as defined at 14:4-1.2, whether such advertisement is in electronic, print, radio or television media, or via telemarketing or an internet website, which specifically targets residential customers for electric generation service or gas supply service, shall clearly and conspicuously state whether such optional services are provided at an additional charge that is not reflected in the advertised cost per kWh or per therm, or the advertised percentage savings.

(b) If the costs of the optional services are included in the advertised price per kWh or therm, or the advertised percentage savings, the advertisement shall provide a toll-free number, local telephone number or website where customers may obtain a detailed breakdown of the price per kWh or price per therm so the customers may view the rates with and without optional services included.

(c) A TPS shall include in its advertisements of a general nature, via electronic, radio and/or television medium, the following:

1. A toll-free or local telephone number that a customer may call or website that a customer may access to request detailed information concerning the average price per kWh for, and environmental characteristics of, electric generation service or average price per therm for gas supply service over the term of a contract for the service being offered, exclusive of any charges for any optional services; and

2. The LDC(s) in whose service territory(ies) the TPS is offering services. If the TPS offers its services throughout New Jersey, the advertisement may state this fact, rather than listing all New Jersey LDCs.

(d) In the advertisement of their services, electric power suppliers, gas suppliers, brokers, energy agents, marketers, private aggregators, sales representatives, and telemarketers are prohibited from:

1. Making false or misleading advertising claims to a potential residential customer;

2. Contacting a potential residential customer by telephone for the purpose of making an unsolicited advertisement, if the electric power supplier, gas supplier, broker, energy agent, marketer, private aggregator, sales representative, or telemarketer does not have an existing business relationship with the potential residential customer and the residential customer's telephone number appears on the no telemarketing call list established and maintained by the Division of Consumer Affairs, pursuant to 56:8-127 or any successor statute, or the national do-not-call registry as maintained by the Federal Trade Commission.

(e) Any complaints related to violations of (d)2 above shall be forwarded to the Division of Consumer Affairs for further investigation.

N.J. Admin. Code § 14:4-7.3

Amended by 46 N.J.R. 2197(a), effective 9/30/2014.

Amended by 48 N.J.R. 1950(b), effective 8/24/2016