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Alleging "Stalking" of Retail Energy Sales Agents, NY ESCO Seeks To End Requirement For Full Agent's Name on Door to Door IDs; Would Use Unique ID Number In Place

October 9, 2016

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

Alleging that the requirement that ESCO agents engaged in door-to-door sales wear ID badges with their full names has resulted in cases where such agents have been, "stalked," Green Mountain Energy Company petitioned the New York State PSC to amend the Uniform Business Practices to remove the requirement for the agent's full name to be used on such IDs, replaced instead with the agent's first name and unique employee ID number

Section 10 of the UBPs describes the marketing standards that an ESCO marketing representative or agent must follow when contacting customers in person at a location other than the ESCO’s place of business for the purposes of selling products or services offered by the ESCO. Specifically, Section 10 (C).1.b requires that the agent produce identification, to be visible at all times thereafter, which:

1. Prominently displays in reasonable size type face the full name of the marketing representative;

2. Displays a photograph of the marketing representative and depicts the legitimate trade name and logo of the ESCO they are representing;

3. Provides the ESCO telephone number for inquires, verification and complaints.

"The rationale behind this provision is to provide the customer appropriate identification information concerning the ESCO agent for purposes of follow-up inquiries, as well as tracking for complaints," Green Mountain said

"However, Green Mountain believes that providing the representative’s full name during an in-person contact may render the representative vulnerable to future inappropriate and unsolicited contact. Certain Green Mountain representatives have experienced instances where they have been disturbed by strangers they encountered in the course of performing their marketing activities. Because the badges display their full names, Green Mountain representatives were easily identifiable through internet searches and were stalked and harassed through social media," Green Mountain said

"In order to protect the safety and privacy of the ESCO representatives, Green Mountain proposes to omit the current requirement that identification badges include both the agent’s first and last name, and replace it with the agent’s first name and an unique employee identification number. For follow-up inquiries and tracking purposes, displaying a unique employee identification number accompanied with the agent’s first name will easily accomplish the consumer protection objective of the UBPs while also protecting the agent’s privacy," Green Mountain said

Green Mountain noted that telephonic solicitations do not require the agent to state their full name, and instead requires that the agent state their first name and, on request, the identification number.

Green Mountain sought to amend the UBPs to provide that for in-person solicitations, the ID, "prominently displays in reasonable size type face the first name and employee identification number of the marketing representative.

Green Mountain would also amend the UBPs to specifically state that the business card required to be left with prospective customers during in-person solicitations shall list the ESCO marketing representative’s first name and employee identification number, along with the currently required contact and other information (currently, the business card requirement only states that the agent's "name" be listed).

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