State Supreme Court To Consider Whether PSC Has Authority To Interpret, Enforce Telephonic Sales Statute

The Supreme Court of Maryland has granted a writ of certiorari and will review a decision from the Appellate Court of Maryland (ACM) concerning a Maryland PSC decision regarding the interpretation of the Maryland Telephone Solicitations Act

Specifically, the Supreme Court of Maryland granted "cert" in a case involving a PSC decision against SmartEnergy Holdings, LLC d/b/a SmartEnergy, and the applicability of the Maryland Telephone Solicitations Act (MTSA)

See background here

The Supreme Court of Maryland is to address:

1) Did the ACM [appeals court] err in finding that the Public Service Commission (the Commission) has jurisdiction to interpret and enforce Md. Code, Commercial Law §14-2201(f), the Maryland Telephone Solicitations Act (MTSA)?

2) Did the ACM err in finding that a telephone call made by a potential customer to SmartEnergy in response to a previously mailed postcard was a violation of the MTSA?

3) Did the ACM err in holding that the Commission’s findings were supported by substantial evidence and that the penalty imposed was not arbitrary and capricious?

Supreme Court Case No. 1, September Term, 2023

Supreme Court Petition Docket No. 363, September Term, 2022