New Jersey Orders Retail Suppliers to Certify Compliance with Telemarketing Laws, Including Agents' Compliance

The New Jersey BPU recently sent a letter to retail suppliers concerning state and federal telemarketing laws, requiring suppliers to certify compliance with such laws.

Specifically, a letter is being sent to remind Third Party Suppliers licensed by the New Jersey Board of Public Utilities of their continuing legal obligation to comply with all applicable requirements under State and federal law. Pursuant to N.J.A.C. 14:4-7.4(d), the State of New Jersey requires that "[a] TPS shall comply with all [Federal Trade Commission] telemarketing rules." In addition, N.J.A.C. 14.4-7.4(e) provides that "A TPS shall not market to retail customers prior to its receipt from the Board of a supplier license."

Specifically, the BPU noted that Third Party Suppliers doing business in the State of New Jersey, and their agents, telemarketers, brokers and/or other third parties under their employ, must be in compliance with all federal and State rules including, but not limited to, the FTC "do-not-call" provisions, which the BPU excerpted in the letter to retail suppliers.

The BPU also ordered retail suppliers to return to the BPU a certification from a corporate officer, partner, sole proprietor, or other authorized legal representative of the company, that the company is in compliance with various rules, including the Do Not Call provisions of 16 C.F.R. § 310.4.

The certification requires a list of all agents, brokers and marketers used by the supplier, and requires the supplier to certify that it ensures that such marketing entities are in compliance with 16 C.F.R. § 310.4 via affirmative actions undertaken by the supplier (with such actions to be listed as part of the certification).