New Jersey Developing New Rules on Retail Supplier Marketing, Advertising, Sets Stakeholder Meeting

The New Jersey BPU has announced a process to implement, "interim advertising and marketing standards for electric power suppliers, gas suppliers, brokers, energy agents, marketers, private aggregators, sales representatives, and telemarketers ('interested entities') applicable to potential residential customers," as required by recent legislation (L.2013, c. 263).

These standards must include, but are not limited to, "prohibiting the interested entities from making false or misleading advertising claims to a potential residential customer; or contacting a potential residential customer by telephone for the purpose of making an unsolicited advertisement if the interested entity does not have an existing business relationship with the potential residential customer and the residential customer’s telephone number appears on the no telemarketing call list established and maintained by the Division of Consumer Affairs[.]"

Board Staff is also conducting a review of the consumer protection-related provisions in the Board’s rules at N.J.A.C. 14:4-7.

The BPU scheduled a stakeholder meeting for July 17 on these issues, including proposed advertising and marketing standards; methods to educate current and potential customers about the provision of gas and/or electric service by third party suppliers; and consumers’ rights under federal and state laws.

The BPU sought comment on the following:

• Adequacy of current regulations and enforcement authority of executive agencies

• Limitations on content of advertising and marketing materials

a. Telephonic or online signups/switching

b. Recordkeeping requirements

c. Notice to customers of change orders

• Methods of consumer education

• Specific issues related to third party supplier contracts:

a. The material terms of gas and electric supply contracts

b. The end date for any fixed rate pricing if pricing changes from fixed to variable

c. The definition of a variable rate and how it may impact a customer’s bill

d. How the price for gas or electricity is determined

e. Length of time to switch providers

f. Requirement to send written terms of contract to customer

g. Possible one page summary of material terms of contract

h. A customer’s right to terminate a contract within 7 days of signing

i. The meaning of “guaranteed savings”

i. Is it a percentage off the local distribution company price?

ii. Free service

iii. Cash back

iv. Any other offer which constitutes guaranteed savings

Dockets EX14060579 and EX14060610