§ 111.7. Customer authorization to transfer account; transaction; verification; documentation.

 (a)  A supplier shall establish a written, oral or electronic transaction process for a customer to authorize the transfer of the customer’s account to the supplier.

   (1)  A document used to complete a transaction must include a means to identify, when an agent is involved, the agent who completed the transaction and a notation indicating whether the transaction was the result of:

     (i)   A door-to-door call or other in-person contact with an agent.

     (ii)   A telephone contact with an agent.

     (iii)   A written document completed and mailed to a supplier by a customer outside the presence of, or without interaction with, an agent.

     (iv)   An electronic document completed and uploaded to a supplier’s web site or e-mailed to a supplier by a customer outside the presence of, or without interaction with, an agent.

   (2)  A supplier shall provide a copy of documentation used in a customer transaction to the Commission upon request.

 (b)  A supplier shall establish a process to verify a transaction that involved an agent. The process shall confirm that the customer authorized the transfer of the customer’s account to the supplier. This subsection does not apply to a transaction that was completed solely by the customer as set forth in subsection (a)(1)(iii) and (iv).

   (1)  A supplier may use a third party to verify transactions.

   (2)  The verification process shall be separate from the transaction process and initiated only after the transaction has been finalized. When verifying a transaction that resulted from an agent’s contact with a customer at the customer’s residence, the verification process shall be initiated only after the agent has physically exited the customer’s residence, unless the customer agrees that the agent may remain in the vicinity of the customer during the verification process. Prior to initiating the verification process, the agent shall inform the customer that the agent may not be in the vicinity during the verification unless the customer agrees to the agent’s presence.

   (3)  A customer shall be informed of the 3-business-day right of rescission of the transaction under § §  54.5(d) and 62.75(d) (relating to disclosure statement for residential and small business customers) and the customer’s rights under section 7 of the Unfair Trade Practices and Consumer Protection Law (73 P. S. §  201-7) at the end of the verification process contact.

   (4)  A supplier shall maintain a record of a verification in a system that is capable of retrieving the record by customer name and customer account number for a period of time equivalent to at least six billing cycles to enable compliance with §  57.177 (relating to customer dispute procedures) for an EGS and §  59.97 (relating to customer dispute procedures) for an NGS.

   (5)  The verification record must include the transaction documents and the following information:

     (i)   The date that the transaction was completed.

     (ii)   The name or identification number of the agent that completed the transaction.

     (iii)   The date of the verification.

     (iv)   The name or identification number of the individual that conducted the verification.

     (v)   The results of the verification.

     (vi)   The date that the disclosure statement was provided to the customer and the method by which it was provided.

   (6)  A supplier shall provide copies of verification records to the Commission upon request.

 (c)  When a supplier is informed that a transaction could not be verified, the supplier shall contact the customer by telephone, e-mail or letter and explain that the transaction could not be verified. The supplier may offer assistance to correct the problem so that the transaction can be resubmitted to the verification process.

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