§ 111.12. Consumer protection.

 (a)  A supplier and its agents may not discriminate in the provision of electric generation and natural gas as to availability and terms of service to a customer based on race, color, religion, national origin, sex, marital status, age, receipt of public assistance income and exercise of rights under the Consumer Credit Protection Act (15 U.S.C.A. § §  1601—1693r) and 12 CFR Part 202 (relating to Equal Credit Opportunity Act (Regulation B)). This requirement is consistent with §  54.43(e) (relating to standards of conduct and disclosure for licensees) for EGSs and §  62.114(e) (relating to standards of conduct and disclosure for licensees) for NGSs.

 (b)  A supplier and its agents that engage in door-to-door marketing or sales shall comply with the Federal cooling off period requirements. See 16 CFR Part 429 (relating to rule concerning cooling off period for sales made at homes or at certain other locations).

 (c)  A supplier and its agents shall comply with the 3-business-day cooling off period requirement in §  54.5(d) (relating to disclosure statement for residential and small business customers) that applies to EGSs and §  62.75(d) (relating to disclosure statement for residential and small business customers) that applies to NGSs. This cooling off period may run concurrently with the Federal cooling off period in subsection (b).

 (d)  A supplier:

   (1)  May not engage in misleading or deceptive conduct as defined by State or Federal law, or by Commission rule, regulation or order.

   (2)  May not make false or misleading representations including misrepresenting rates or savings offered by the supplier.

   (3)  Shall provide the customer with written information about the products and services being offered, or with instructions for where the information can be obtained.

   (4)  Shall provide accurate and timely information about services and products being offered. Information includes rates being offered, contract terms, early termination fees and right of cancellation and rescission.

   (5)  Shall ensure that product or service offerings made by a supplier contain information, verbally or written, in plain language designed to be understood by the customer. This includes providing written information to the customer in a language which the supplier’s representative has had substantive discussions with the customer or in which a contract is negotiated.



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