Regulator Informs Retail Suppliers Of "Strong Preference" For Earliest Start Of Resumption Of Door to Door Marketing

The Massachusetts DPU recently issued a letter to retail energy suppliers regarding the resumption of door to door marketing

On March 10, 2020, Governor Baker declared a state of emergency in response to the Coronavirus ('COVID-19'). On March 23, 2020, the Governor issued a further order to minimize all unnecessary activities outside of the home during the state of emergency.

As previously reported, following that order, the Department of Public Utilities ('Department') issued a letter on March 24, 2020, requesting that all Competitive Suppliers and Licensed Competitive Supply Brokers cease door-to-door marketing activities until the Department rescinded this request or the state of emergency in the Commonwealth of Massachusetts was lifted, whichever came first.

In the recent letter to suppliers, the DPU noted that, on May 18, 2020, the Commonwealth released a plan to reopen in four phases. As part of this phased process, detailed guidance has been issued regarding the procedures that individuals and businesses are required and/or expected follow as the Commonwealth moves through the various stages of reopening. As of July 6, 2020, the Commonwealth has moved to Phase III, Step 1 of the reopening process.

"While there is no specific statewide guidance regarding the resumption of door-to-door marketing activities, it is the Department’s understanding that under Phase III, all businesses (including door-to-door business practices) with the exception of large venues, nightclubs, and some other specific activities are permitted to resume operations. All such activity, however, must meet certain mandatory safety standards and adhere to best practices as outlined by the Commonwealth’s reopening guidance materials. The Department expects suppliers and brokers (including their marketing agents) engaging in door-to-door marketing activities to comply with all standards and protocols issued by the Commonwealth and other authorities having jurisdiction," the DPU said

Before resuming door-to-door marketing activities, the Department directed suppliers and brokers to submit to the DPU, for informational purposes, their plans explaining how each intends to adhere to the Commonwealth’s, and other authorities having jurisdiction, specific guidance in these matters.

"The Department additionally requests that suppliers and brokers wait at least three business days after submitting their plans before resuming door-to-door marketing activities and further notes its strong preference that no such activities recommence before August 3, 2020 when the new door-to-door notification requirements prescribed by D.P.U. 19-07-A are scheduled to take effect," the DPU said

See more details on the recent new door to door rules here