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Retail Supplier Enters $5 Million Settlement With Regulators Over "Competitive Prices" Claim

June 28, 2016

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Copyright 2010-16 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

Palmco Power NJ, LLC and Palmco Energy NJ, LLC have agreed to pay $5.28 million, including up to $4.5 million in consumer restitution, and to significantly revise its business practices, in order to resolve allegations from the New Jersey Attorney General, BPU, and Division of Consumer Affairs that Palmco, as described by the state agencies, "engaged in aggressive and deceptive marketing practices, and failed to provide promised energy rates that were competitive, lower than the utility companies, or consistent with the pricing mechanisms in Palmco's contracts."

A complaint filed in May 2014 by the Attorney General's Office, the New Jersey Board of Public Utilities (BPU) and the New Jersey Division of Consumer Affairs, alleged that the Brooklyn-based Palmco, "violated the Electric Discount and Energy Competition Act, the Consumer Fraud Act, and multiple regulations concerning energy licensing and registration, retail choice consumer protection, anti-slamming requirements and advertising, among other things, through its aggressive door-to-door and telephone solicitations, and representations as to 'competitive prices' for gas and electric."

As alleged by the three New Jersey regulatory agencies, "although Palmco's contracts stated that the natural gas price would be based upon the monthly New York Mercantile Exchange (NYMEX) closing prices, and the electric price would be based on the monthly locational marginal price (LMP) determined on a day-ahead or real-time basis, the actual monthly charges for gas and electric were greatly in excess of these pricing mechanisms."

"Instead of realizing the promised monthly savings, during the severe winter of 2013-2014, consumers' energy bills rapidly and significantly increased beyond what they would have paid had they stayed with their previous suppliers. The State subsequently filed a First Amended Complaint, which also alleged violations of the Truth-in-Consumer Contract, Warranty and Notice Act," the three New Jersey regulatory agencies alleged

Under the terms of the settlement, Palmco will provide up to $4.5 million in consumer restitution, the state agencies said. Palmco has also agreed to pay $786,000 to the State, which is comprised of $500,000 in civil penalties and $286,000 in attorneys' fees and investigative costs, the state agencies said

Further, the state agencies said that Palmco has agreed to make significant changes to its business practices which include:

• Revising its website brochures, and/or contracts to ensure that consumers are provided with clear and conspicuous information about Palmco's variable price for gas and electric, including: the precise mechanism or formula by which monthly gas and electric prices will be determined; tables and graphs that identify the highest and lowest unit prices that Palmco billed to consumers each month during the previous year; a clear and concise statement that the prices depicted in such tables and graphs reflect past performance and do not indicate future pricing and/or savings; and a statement clearly informing consumers that switching to a third-party energy supplier is not mandatory and that consumers can opt to stay with their current provider of gas and electric.

• Revising its sales practices, among other things, to: prohibit sales representatives from making false statements or promises regarding gas and/or electric rates or potential savings; ensure that only authorized account holders approve the switch of gas and/or electric service to Palmco; confirm through a verification call made by an independent third party or Palmco, the consumer's signature on the contract or an electronic record of an internet transaction, that a consumer has voluntarily agreed to switch to Palmco; require that a solicitation immediately cease if the consumer being solicited is not the account holder or if the consumer has difficulty understanding or communicating in English; and require that sales representatives affirmatively identify themselves as representatives of Palmco.

• Revising customer service, among other things, by: establishing an office in New Jersey where customers can contact a live customer service representative and access their customer records; undertaking good faith efforts to resolve consumer complaints; notifying complainants that if they are dissatisfied with Palmco's response, they can contact the BPU to request an alternate dispute resolution procedure or to file a formal complaint; and ensuring its customer service staffing is adequate to address all consumer complaints and inquiries in a timely manner.

• Implementing methods to ensure compliance with the settlement, among other things by: developing and implementing revised training materials and procedures to ensure that its customer service representatives, regulatory affairs representatives and sales representatives, whether employees of Palmco or third-party vendors, are familiar with the settlement terms, as well as to assure full compliance with all related statutes and regulations; recording all telephone solicitations between its sales representatives and consumers and maintaining all recordings that result in an enrollment, for 18 months; conducting a prompt and thorough investigation of consumer complaints; at least every 7 days, randomly selecting and reviewing no less than 5% or 15 recordings, whichever is greater, of telephone solicitations that resulted in an enrollment; and making sales commissions earned by sales representatives and third party vendors subject to forfeiture if Palmco determines that consumers were subjected to deceptive or improper sales practices.

• Palmco has agreed to employ a full-time Compliance Officer whose duties will include: developing policies and procedures to ensure that sales representatives and customer service representatives comply with the settlement terms as well as all applicable laws; ensuring that all required personnel receive the necessary training; overseeing the random audits of telephone solicitations and door-to-door solicitations; and overseeing the investigation of all consumer complaints of deceptive or improper sales tactics and taking appropriate remedial action.

Palmco provided the following statement to EnergyChoiceMatters.com:

"PALMco is a family owned and operated business committed to quality customer service. We made a strategic decision to settle this claim, despite our position on it, so that we may move forward and continue to focus our efforts on delivering quality products and services to our customers throughout New Jersey as well as the other states where we operate. We will continue to adhere to all regulations, and stand by our customers’ legal right to choose their supplier for natural gas and electricity."

"The Board of Public Utilities is pleased with Palmco's settlement providing restitution to impacted customers," said Richard S. Mroz, President of the New Jersey Board of Public Utilities. "The settlement sends consumers the clear message that predatory practices are not tolerated and that a robust market of alternative energy suppliers still exists to provide savings on electric and gas bills."

"We are satisfied that through this settlement, Palmco has agreed to provide meaningful consumer relief and to significantly revise its marketing and sales practices for gas and electric service," said Steve Lee, Director of the New Jersey Division of Consumer Affairs. "Beyond this settlement, the Division will continue to monitor third party energy suppliers to ensure that they are complying with all applicable laws and keeping their promises to consumers."

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