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Retail Supplier Seeks Waiver Of Enrollment Rules To Allow Enrollment Via Online Chat
April 11, 2018

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Copyright 2010-17 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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Constellation NewEnergy, Inc. and Constellation NewEnergy - Gas Division, LLC petitioned the Public Utilities Commission of Ohio for waivers, to the extent they are deemed necessary, from Rules 4901:1-21-06(C) and 4901:1-29-06(B) to allow Constellation to enroll retail customers in Ohio through an online, interactive process, or "chat".

Under Ohio's enrollment rules, customer consent and enrollments may occur in-person, online, via mail solicitation, via facsimile, and via telephone. The Ohio Administrative Code enrollment processes do not allow for other enrollment methodologies or specifically allow for the more advanced enrollment scenario where the supplier and the customer interact in real-time, through interactive communications online.

Constellation said that it is successfully using online, real-time, interactive communications functionality to enroll customers in nine other jurisdictions: Connecticut, Delaware, District of Columbia, Georgia, Maryland, Massachusetts, New Jersey, Pennsylvania, and Texas.

"Constellation’s web site already includes a link through which a customer or prospective customer can engage with Constellation in an on-line conversation with a live representative. Constellation proposes to take that functionality one step further, allowing customers to enroll in its retail electric and natural gas services via a customer-friendly, real-time, online conversation with a Constellation representative," Constellation said

"To the extent necessary, Constellation requests waivers of Rules 4901:1-21-06(C) and 4901:1-29-06(B) to allow it to use chat enrollment as a form of consent when enrolling customers. Through the chat enrollment process, a prospective customer will be able to ask questions of the live representative and, when ready to enroll, be able to move immediately to that step without having to move backwards to an online enrollment web page or having to contact a call center representative. Customers may still enroll through the existing online process or by contacting a call center representative; the joint waiver request simply seeks to also offer the customer the ability to complete the enrollment process through the online 'chat' mechanism. This will allow Constellation to provide a better customer experience for those customers who desire to enroll in real-time, interactive communications," Constellation said

In using the online chat enrollment process, Constellation will follow the processes set forth below. The chat representative will respond to the customer’s questions, as well as provide specific disclosures. A date/time-stamped transcript of the online chat conversation will be recorded and saved to reflect that the customer is enrolling in the Constellation competitive service. Specifically, the chat will include the following:

• A statement that the online conversation is being saved (i.e., recorded).

• A question and the customer’s acknowledgment that the customer is the customer of record or is authorized to switch for the customer of record, and that they are consenting to enroll with Constellation.

• Disclosure of the principal terms and conditions for the service(s), including:

      -- the service(s) that will be provided;

      -- the price, length of the contract term, approximate service commencement date, and contract termination date;

      -- any cancellation fees prior to termination, material limitations/conditions/exclusions, fees or costs to the customer;

      -- any credit check or deposit requirement;

      -- who will bill for the services, including budget billing options for the competitive portion of the bill, if offered; and

      -- the enrollment confirmation number.

• A statement that the supplier will send the customer a written contract within one (1) business day either to the customer’s email address or mailing address (based on the information the customer provides), which details the terms and conditions summarized during the chat conversation.

• Advise the customer that the utility will send a confirmation notice of the transfer of service via U.S. mail, and that they may rescind the enrollment within 7 calendar days (electric) or 7 business days (gas), as applicable, by contacting the utility at the utility’s toll-free or local telephone number.

The customer will have the opportunity to request a copy of the transcript, which will be immediately sent to the customer’s email address following completion of the chat if the customer selects that option from the pop-up window that will appear at the conclusion of the conversation. The transcript is in a real-time format and includes the full conversation, the date and time of the conversation and the name of the representative. Constellation will retain the transcript along with other information in accordance with the Commission’s record retention policies, and will provide the transcript to the customer, upon request.

"In addition to the consumer protections inherent with the above-listed steps that would be followed under this proposed enrollment and consent process, Constellation is including further protections specifically for the handling of confidential customer information. The Constellation representatives who will perform the enrollment via the online 'chat' are employed by a company that has been certified as compliant with Payment Card Industry Data Security Standards. They are specially trained to follow a specific safety protocol when handling confidential customer information and the company is assessed so that it continually meets this certification 'gold standard.' Among the safety protocols is a prohibition against the use of writing instruments, telephones, and similar items in the room in which the representatives conduct business to prevent the confidential customer information from being inappropriately stored. As such, enrollments via the online 'chat' would be performed by highly skilled representatives who will utilize greater security measures to keep customer information safe," Constellation said

"In addition to internal quality assurance controls by the vendor, Constellation will monitor enrollments on a weekly basis to assess their validity. For example, the IP address of the enrollee will be captured from the chat and saved to the customer’s information stored in Constellation’s systems. On a weekly basis, Constellation will review those enrollments to ensure that there are not excessive enrollments from a single IP address. Moreover, customer information submitted will be subject to protocols to preserve the confidentiality of that information," Constellation said

"Constellation will continue to offer Ohio customers the opportunity to enroll in its retail services via the current 'traditional' enrollment processes and Constellation is not proposing an exception or a waiver of them. Rather, Constellation is seeking waivers from Rules 4901:1-21- 06(C) and 4901:1-29-06(B), to the extent specific authorization is necessary, to allow Constellation to utilize the additional 'chat' methodology as a form of consent to enroll prospective customers in its electric and natural gas services," Constellation said

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