Bill Text: IL HB4280 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Prohibits alternative retail electric suppliers and alternative gas suppliers from enrolling a customer unless enrollment is for a fixed-rate commodity product that is priced at no more than 5% greater than the trailing 12-month average utility supply rate. Provides that variable rate offers must provide savings compared to the utility price on a monthly basis.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - Referred to Rules Committee [HB4280 Detail]
Download: Illinois-2021-HB4280-Introduced.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Consumer Fraud and Deceptive Business | |||||||||||||||||||||
5 | Practices Act is amended by changing Sections 2EE and 2DDD as | |||||||||||||||||||||
6 | follows:
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7 | (815 ILCS 505/2EE)
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8 | Sec. 2EE. Alternative retail electric supplier selection. | |||||||||||||||||||||
9 | (a) An alternative retail electric supplier shall not | |||||||||||||||||||||
10 | submit or execute
a change in a consumer's selection of a | |||||||||||||||||||||
11 | provider of electric
service unless and until: | |||||||||||||||||||||
12 | (i) the alternative retail electric supplier first | |||||||||||||||||||||
13 | discloses all material terms and conditions of the offer | |||||||||||||||||||||
14 | to the consumer; | |||||||||||||||||||||
15 | (ii) if the consumer is a small commercial retail | |||||||||||||||||||||
16 | customer as that term is defined in subsection (c) of this | |||||||||||||||||||||
17 | Section or a residential consumer, the alternative retail | |||||||||||||||||||||
18 | electric supplier discloses the utility electric supply | |||||||||||||||||||||
19 | price to compare, which shall be the sum of the electric | |||||||||||||||||||||
20 | supply charge and the transmission services charge, and | |||||||||||||||||||||
21 | shall not include the purchased electricity adjustment, | |||||||||||||||||||||
22 | applicable at the time the offer is made to the consumer; | |||||||||||||||||||||
23 | (iii) if the consumer is a small commercial retail |
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1 | customer as that term is defined in subsection (c) of this | ||||||
2 | Section or a residential consumer, the alternative retail | ||||||
3 | electric provider discloses the following statement: | ||||||
4 | "(Name of the alternative retail electric | ||||||
5 | supplier) is not the same entity as your electric | ||||||
6 | delivery company. You are not required to enroll with | ||||||
7 | (name of alternative retail electric supplier). As of | ||||||
8 | (effective date), the electric supply price to compare | ||||||
9 | is currently (price in cents per kilowatt hour). The | ||||||
10 | electric utility electric supply price will expire on | ||||||
11 | (expiration date). The utility electric supply price | ||||||
12 | to compare does not include the purchased electricity | ||||||
13 | adjustment factor. For more information go to the | ||||||
14 | Illinois Commerce Commission's free website at | ||||||
15 | www.pluginillinois.org.". | ||||||
16 | If applicable, the statement shall include the | ||||||
17 | following statement: | ||||||
18 | "The purchased electricity adjustment factor may | ||||||
19 | range between +.5 cents and -.5 cents per kilowatt | ||||||
20 | hour."; | ||||||
21 | (iv) the alternative retail electric supplier has | ||||||
22 | obtained the consumer's express agreement to accept the | ||||||
23 | offer after the disclosure of all material terms and | ||||||
24 | conditions of the offer; and | ||||||
25 | (v) the alternative retail electric supplier has | ||||||
26 | confirmed the request for a change in accordance with one |
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1 | of the following procedures:
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2 | (A) The new alternative retail electric supplier | ||||||
3 | has obtained the consumer's
written or electronically | ||||||
4 | signed
authorization in a form that meets the
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5 | following requirements:
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6 | (1) An alternative retail electric supplier | ||||||
7 | shall obtain any
necessary written or | ||||||
8 | electronically signed authorization from a | ||||||
9 | consumer for a
change in electric service by using | ||||||
10 | a letter of agency as
specified in this
Section. | ||||||
11 | Any letter of agency that does
not conform with | ||||||
12 | this
Section is invalid.
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13 | (2) The letter of agency shall be a separate
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14 | document (an easily separable document containing | ||||||
15 | only
the authorization language described in | ||||||
16 | subparagraph (5)) whose sole purpose is to | ||||||
17 | authorize an
electric service provider change. The | ||||||
18 | letter of agency
must be signed and dated by the | ||||||
19 | consumer requesting the
electric service provider | ||||||
20 | change.
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21 | (3) The letter of agency shall not be combined | ||||||
22 | with
inducements of any kind on the same document.
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23 | (4) Notwithstanding subparagraphs (1) and (2), | ||||||
24 | the letter of agency may be combined with
checks | ||||||
25 | that contain only the required letter of agency
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26 | language prescribed in subparagraph (5) and
the |
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1 | necessary information to make the check a | ||||||
2 | negotiable
instrument. The letter of agency check | ||||||
3 | shall not contain
any promotional language or | ||||||
4 | material. The letter of
agency check shall contain | ||||||
5 | in easily readable, bold-face
type on the face of | ||||||
6 | the check, a notice that the consumer
is | ||||||
7 | authorizing an electric service provider change by
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8 | signing the check. The letter of agency language | ||||||
9 | also
shall be placed near the signature line on | ||||||
10 | the back of
the check.
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11 | (5) At a minimum, the letter of agency must be
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12 | printed with a print of sufficient size to be | ||||||
13 | clearly
legible, and must contain clear and | ||||||
14 | unambiguous language
that confirms:
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15 | (i) The consumer's billing name and | ||||||
16 | address;
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17 | (ii) The decision to change the electric | ||||||
18 | service
provider from the current provider to | ||||||
19 | the
prospective provider;
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20 | (iii) The terms, conditions, and nature of | ||||||
21 | the
service to be provided to the consumer | ||||||
22 | must be
clearly and conspicuously disclosed, | ||||||
23 | in writing, and
an alternative retail electric | ||||||
24 | supplier must directly establish
the rates for | ||||||
25 | the service contracted for by the consumer; | ||||||
26 | and
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1 | (iv) That the consumer understand that any
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2 | alternative retail electric supplier selection | ||||||
3 | the consumer
chooses may involve a charge to | ||||||
4 | the consumer for
changing the consumer's | ||||||
5 | electric service provider.
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6 | (6) Letters of agency shall not suggest or | ||||||
7 | require
that a consumer take some action in order | ||||||
8 | to retain the consumer's
current electric service | ||||||
9 | provider.
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10 | (7) If any portion of a letter of agency is
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11 | translated into another language, then all | ||||||
12 | portions of
the letter of agency must be | ||||||
13 | translated into that
language.
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14 | (B) An appropriately qualified independent third | ||||||
15 | party has obtained, in accordance with the procedures | ||||||
16 | set forth in this subsection (b), the consumer's oral | ||||||
17 | authorization to change electric suppliers that | ||||||
18 | confirms and includes appropriate verification data. | ||||||
19 | The independent third party (i) must not be owned, | ||||||
20 | managed, controlled, or directed by the supplier or | ||||||
21 | the supplier's marketing agent; (ii) must not have any | ||||||
22 | financial incentive to confirm supplier change | ||||||
23 | requests for the supplier or the supplier's marketing | ||||||
24 | agent; and (iii) must operate in a location physically | ||||||
25 | separate from the supplier or the supplier's marketing | ||||||
26 | agent.
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1 | Automated third-party verification systems and | ||||||
2 | 3-way conference calls may be used for verification | ||||||
3 | purposes so long as the other requirements of this | ||||||
4 | subsection (b) are satisfied. | ||||||
5 | A supplier or supplier's sales representative | ||||||
6 | initiating a 3-way conference call or a call through | ||||||
7 | an automated verification system must drop off the | ||||||
8 | call once the 3-way connection has been established. | ||||||
9 | All third-party verification methods shall elicit, | ||||||
10 | at a minimum, the following information: (i) the | ||||||
11 | identity of the consumer; (ii) confirmation that the | ||||||
12 | person on the call is the account holder, has been | ||||||
13 | specifically and explicitly authorized by the account | ||||||
14 | holder, or possesses lawful authority to make the | ||||||
15 | supplier change; (iii) confirmation that the person on | ||||||
16 | the call wants to make the supplier change; (iv) the | ||||||
17 | names of the suppliers affected by the change; (v) the | ||||||
18 | service address of the supply to be switched; and (vi) | ||||||
19 | the price of the service to be supplied and the | ||||||
20 | material terms and conditions of the service being | ||||||
21 | offered, including whether any early termination fees | ||||||
22 | apply. Third-party verifiers may not market the | ||||||
23 | supplier's services by providing additional | ||||||
24 | information, including information regarding | ||||||
25 | procedures to block or otherwise freeze an account | ||||||
26 | against further changes. |
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1 | All third-party verifications shall be conducted | ||||||
2 | in the same language that was used in the underlying | ||||||
3 | sales transaction and shall be recorded in their | ||||||
4 | entirety. Submitting suppliers shall maintain and | ||||||
5 | preserve audio records of verification of subscriber | ||||||
6 | authorization for a minimum period of 2 years after | ||||||
7 | obtaining the verification. Automated systems must | ||||||
8 | provide consumers with an option to speak with a live | ||||||
9 | person at any time during the call.
Each disclosure | ||||||
10 | made during the third-party verification must be made | ||||||
11 | individually to obtain clear acknowledgment of each | ||||||
12 | disclosure. The alternative retail electric supplier | ||||||
13 | must be in a location where he or she cannot hear the | ||||||
14 | customer while the third-party verification is | ||||||
15 | conducted. The alternative retail electric supplier | ||||||
16 | shall not contact the customer after the third-party | ||||||
17 | verification for a period of 24 hours unless the | ||||||
18 | customer initiates the contact. | ||||||
19 | (C) When a consumer initiates the call to the | ||||||
20 | prospective alternative retail electric supplier, in | ||||||
21 | order to enroll the consumer as a customer, the | ||||||
22 | prospective alternative retail electric supplier must, | ||||||
23 | with the consent of the customer, make a date-stamped, | ||||||
24 | time-stamped audio recording that elicits, at a | ||||||
25 | minimum, the following information: | ||||||
26 | (1) the identity of the customer; |
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1 | (2) confirmation that the person on the call | ||||||
2 | is authorized to make the supplier change; | ||||||
3 | (3) confirmation that the person on the call | ||||||
4 | wants to make the supplier change; | ||||||
5 | (4) the names of the suppliers affected by the | ||||||
6 | change; | ||||||
7 | (5) the service address of the supply to be | ||||||
8 | switched; and | ||||||
9 | (6) the price of the service to be supplied | ||||||
10 | and the material terms and conditions of the | ||||||
11 | service being offered, including whether any early | ||||||
12 | termination fees apply.
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13 | Submitting suppliers shall maintain and preserve | ||||||
14 | the audio records containing the information set forth | ||||||
15 | above for a minimum period of 2 years.
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16 | (b)(1) An alternative retail electric supplier shall not | ||||||
17 | utilize the name of a public utility in any manner that is | ||||||
18 | deceptive or misleading, including, but not limited to | ||||||
19 | implying or otherwise leading a consumer to believe that an | ||||||
20 | alternative retail electric supplier is soliciting on behalf | ||||||
21 | of or is an agent of a utility. An alternative retail electric | ||||||
22 | supplier shall not utilize the name, or any other identifying | ||||||
23 | insignia, graphics, or wording that has been used at any time | ||||||
24 | to represent a public utility company or its services, to | ||||||
25 | identify, label, or define any of its electric power and | ||||||
26 | energy service offers. An alternative retail electric supplier |
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1 | may state the name of a public electric utility in order to | ||||||
2 | accurately describe the electric utility service territories | ||||||
3 | in which the supplier is currently offering an electric power | ||||||
4 | and energy service. An alternative retail electric supplier | ||||||
5 | that is the affiliate of an Illinois public utility and that | ||||||
6 | was doing business in Illinois providing alternative retail | ||||||
7 | electric service on January 1, 2016 may continue to use that | ||||||
8 | public utility's name, logo, identifying insignia, graphics, | ||||||
9 | or wording in its business operations occurring outside the | ||||||
10 | service territory of the public utility with which it is | ||||||
11 | affiliated. | ||||||
12 | (2) An alternative retail electric supplier shall not | ||||||
13 | state or otherwise imply that the alternative retail electric | ||||||
14 | supplier is employed by, representing, endorsed by, or acting | ||||||
15 | on behalf of a utility or utility program, a consumer group or | ||||||
16 | consumer group program, or a governmental body, unless the | ||||||
17 | alternative retail electric supplier has entered into a | ||||||
18 | contractual arrangement with the governmental body and has | ||||||
19 | been authorized by the governmental body to make the | ||||||
20 | statements. | ||||||
21 | (c) An alternative retail electric supplier shall not | ||||||
22 | submit or execute a change in a consumer's selection of a | ||||||
23 | provider of electric service unless the alternative retail | ||||||
24 | electric supplier complies with the following requirements of | ||||||
25 | this subsection (c). It is a violation of this Section for an | ||||||
26 | alternative retail electric supplier to fail to comply with |
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1 | this subsection (c). The requirements of this subsection (c) | ||||||
2 | shall only apply to residential and small commercial retail | ||||||
3 | customers. For purposes of this subsection (c) only, "small | ||||||
4 | commercial retail customer" has the meaning given to that term | ||||||
5 | in Section 16-102 of the Public Utilities Act. | ||||||
6 | (1) During a solicitation an alternative retail | ||||||
7 | electric supplier shall state that he or represents an | ||||||
8 | independent seller of electric power and energy service | ||||||
9 | certified by the Illinois Commerce Commission and that he | ||||||
10 | or she is not employed by, representing, endorsed by, or | ||||||
11 | acting on behalf of, a utility, or a utility program, a | ||||||
12 | consumer group or consumer group program, or a | ||||||
13 | governmental body, unless the alternative retail electric | ||||||
14 | supplier has entered into a contractual arrangement with | ||||||
15 | the governmental body and has been authorized with the | ||||||
16 | governmental body to make the statements. | ||||||
17 | (2) Alternative retail electric suppliers who engage | ||||||
18 | in in-person solicitation for the purpose of selling | ||||||
19 | electric power and energy service offered by the | ||||||
20 | alternative retail electric supplier shall display | ||||||
21 | identification on an outer garment. This identification | ||||||
22 | shall be visible at all times and prominently display the | ||||||
23 | following: (i) the alternative retail electric supplier | ||||||
24 | agent's full name in reasonable size font; (ii) an agent | ||||||
25 | identification number; (iii) a photograph of the | ||||||
26 | alternative retail electric supplier agent; and (iv) the |
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1 | trade name and logo of the alternative retail electric | ||||||
2 | supplier the agent is representing. If the agent is | ||||||
3 | selling electric power and energy services from multiple | ||||||
4 | alternative retail electric suppliers to the consumer, the | ||||||
5 | identification shall display the trade name and logo of | ||||||
6 | the agent, broker, or consultant entity as that entity is | ||||||
7 | defined in Section 16-115C of the Public Utilities Act. An | ||||||
8 | alternative retail electric supplier shall leave the | ||||||
9 | premises at the consumer's, owner's, or occupant's | ||||||
10 | request. A copy of the Uniform Disclosure Statement | ||||||
11 | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | ||||||
12 | is to be left with the consumer, at the conclusion of the | ||||||
13 | visit unless the consumer refuses to accept a copy. An | ||||||
14 | alternative retail electric supplier may provide the | ||||||
15 | Uniform Disclosure Statement electronically instead of in | ||||||
16 | paper form to a consumer upon that customer's request. The | ||||||
17 | alternative retail electric supplier shall also offer to | ||||||
18 | the consumer, at the time of the initiation of the | ||||||
19 | solicitation, a business card or other material that lists | ||||||
20 | the agent's name, identification number and title, and the | ||||||
21 | alternative retail electric supplier's name and contact | ||||||
22 | information, including phone number. The alternative | ||||||
23 | retail electric supplier shall not conduct any in-person | ||||||
24 | solicitations of consumers at any building or premises | ||||||
25 | where any sign, notice, or declaration of any description | ||||||
26 | whatsoever is posted that prohibits sales, marketing, or |
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1 | solicitations. The alternative retail electric supplier | ||||||
2 | shall obtain consent to enter multi-unit residential | ||||||
3 | dwellings. Consent obtained to enter a multi-unit dwelling | ||||||
4 | from one prospective customer or occupant of the dwelling | ||||||
5 | shall not constitute consent to market to any other | ||||||
6 | prospective consumers without separate consent. | ||||||
7 | (3) An alternative retail electric supplier who | ||||||
8 | contacts consumers by telephone for the purpose of selling | ||||||
9 | electric power and energy service shall provide the | ||||||
10 | agent's name and identification number. Any telemarketing | ||||||
11 | solicitations that lead to a telephone enrollment of a | ||||||
12 | consumer must be recorded and retained for a minimum of 2 | ||||||
13 | years. All telemarketing calls of consumers that do not | ||||||
14 | lead to a telephone enrollment, but last at least 2 | ||||||
15 | minutes, shall be recorded and retained for a minimum of 6 | ||||||
16 | months. | ||||||
17 | (4) During an inbound enrollment call, an alternative | ||||||
18 | retail electric supplier shall state that he or she | ||||||
19 | represents an independent seller of electric power and | ||||||
20 | energy service certified by the Illinois Commerce | ||||||
21 | Commission. All inbound enrollment calls that lead to an | ||||||
22 | enrollment shall be recorded, and the recordings shall be | ||||||
23 | retained for a minimum of 2 years. An inbound enrollment | ||||||
24 | call that does not lead to an enrollment, but lasts at | ||||||
25 | least 2 minutes, shall be retained for a minimum of 6 | ||||||
26 | months. The alternative retail electric supplier shall |
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1 | send the Uniform Disclosure Statement and contract to the | ||||||
2 | customer within 3 business days after the electric | ||||||
3 | utility's confirmation to the alternative retail electric | ||||||
4 | supplier of an accepted enrollment. | ||||||
5 | (5) If a direct mail solicitation to a consumer | ||||||
6 | includes a written letter of agency, it shall include the | ||||||
7 | Uniform Disclosure Statement described in 83 Ill. Adm. | ||||||
8 | Code 412.115 and 412.Appendix A. The Uniform Disclosure | ||||||
9 | Statement shall be provided on a separate page from the | ||||||
10 | other marketing materials included in the direct mail | ||||||
11 | solicitation. If a written letter of agency is being used | ||||||
12 | to authorize a consumer's enrollment, the written letter | ||||||
13 | of agency shall comply with this Section. A copy of the | ||||||
14 | contract must be sent to consumer within 3 business days | ||||||
15 | after the electric utility's confirmation to the | ||||||
16 | alternative retail electric supplier of an accepted | ||||||
17 | enrollment. | ||||||
18 | (6) Online Solicitation. | ||||||
19 | (A) Each alternative retail electric supplier | ||||||
20 | offering electric power and energy service to | ||||||
21 | consumers online shall clearly and conspicuously make | ||||||
22 | all disclosures for any services offered through | ||||||
23 | online enrollment before requiring the consumer to | ||||||
24 | enter any personal information other than zip code, | ||||||
25 | electric utility service territory, or type of service | ||||||
26 | sought. |
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1 | (B) Notwithstanding any requirements in this | ||||||
2 | Section to the contrary, an alternative retail | ||||||
3 | electric supplier may secure consent from the consumer | ||||||
4 | to obtain customer-specific billing and usage | ||||||
5 | information for the sole purpose of determining and | ||||||
6 | pricing a product through a letter of agency or method | ||||||
7 | approved through an Illinois Commerce Commission | ||||||
8 | docket before making all disclosure for services | ||||||
9 | offered through online enrollment. It is a violation | ||||||
10 | of this Act for an alternative retail electric | ||||||
11 | supplier to use a consumer's utility account number to | ||||||
12 | execute or change a consumer's enrollment unless the | ||||||
13 | consumer expressly consents to that enrollment as | ||||||
14 | required by law. | ||||||
15 | (C) The enrollment website of the alternative | ||||||
16 | retail electric supplier shall, at a minimum, include: | ||||||
17 | (i) disclosure of all material terms and conditions of | ||||||
18 | the offer; (ii) a statement that electronic acceptance | ||||||
19 | of the terms and conditions is an agreement to | ||||||
20 | initiate service and begin enrollment; (iii) a | ||||||
21 | statement that the consumer shall review the contract | ||||||
22 | or contact the current supplier to learn if any early | ||||||
23 | termination fees are applicable; and (iv) an email | ||||||
24 | address and toll-free phone number of the alternative | ||||||
25 | retail electric supplier where the customer can | ||||||
26 | express a decision to rescind the contract. |
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1 | (7)(A) Beginning January 1, 2020, an alternative | ||||||
2 | retail electric supplier shall not sell or offer to sell | ||||||
3 | any products or services to a consumer pursuant to a | ||||||
4 | contract in which the contract automatically renews, | ||||||
5 | unless an alternative retail electric supplier provides to | ||||||
6 | the consumer at the outset of the offer, in addition to | ||||||
7 | other disclosures required by law, a separate written | ||||||
8 | statement titled "Automatic Contract Renewal" that clearly | ||||||
9 | and conspicuously discloses in bold lettering in at least | ||||||
10 | 12-point font the terms and conditions of the automatic | ||||||
11 | contract renewal provision, including: (i) the estimated | ||||||
12 | bill cycle on which the initial contract term expires and | ||||||
13 | a statement that it could be later based on when the | ||||||
14 | utility accepts the initial enrollment; (ii) the estimated | ||||||
15 | bill cycle on which the new contract term begins and a | ||||||
16 | statement that it will immediately follow the last billing | ||||||
17 | cycle of the current term; (iii) the procedure to | ||||||
18 | terminate the contract before the new contract term | ||||||
19 | applies; and (iv) the cancellation procedure. If the | ||||||
20 | alternative retail electric supplier sells or offers to | ||||||
21 | sell the products or services to a consumer during an | ||||||
22 | in-person solicitation or telemarketing solicitation, the | ||||||
23 | disclosures described in this subparagraph (A) shall also | ||||||
24 | be made to the consumer verbally during the solicitation. | ||||||
25 | Nothing in this subparagraph (A) shall be construed to | ||||||
26 | apply to contracts entered into before January 1, 2020. |
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1 | (B) At least 30 days before, but not more than 60 | ||||||
2 | days prior, to the end of the initial contract term, in | ||||||
3 | any and all contracts that automatically renew after | ||||||
4 | the initial term, the alternative retail electric | ||||||
5 | supplier shall send, in addition to other disclosures | ||||||
6 | required by law, a separate written notice of the | ||||||
7 | contract renewal to the consumer that clearly and | ||||||
8 | conspicuously discloses the following: | ||||||
9 | (i) a statement printed or visible from the | ||||||
10 | outside of the envelope or in the subject line of | ||||||
11 | the email, if the customer has agreed to receive | ||||||
12 | official documents by email, that states "Contract | ||||||
13 | Renewal Notice"; | ||||||
14 | (ii) a statement in bold lettering, in at | ||||||
15 | least 12-point font, that the contract will | ||||||
16 | automatically renew unless the customer cancels | ||||||
17 | it; | ||||||
18 | (iii) the billing cycle in which service under | ||||||
19 | the current term will expire; | ||||||
20 | (iv) the billing cycle in which service under | ||||||
21 | the new term will begin; | ||||||
22 | (v) the process and options available to the | ||||||
23 | consumer to reject the new contract terms; | ||||||
24 | (vi) the cancellation process if the | ||||||
25 | consumer's contract automatically renews before | ||||||
26 | the consumer rejects the new contract terms; |
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1 | (vii) the terms and conditions of the new | ||||||
2 | contract term; | ||||||
3 | (viii) for a fixed rate contract, a | ||||||
4 | side-by-side comparison of the current price and | ||||||
5 | the new price; for a variable rate contract or | ||||||
6 | time-of-use product in which the first month's | ||||||
7 | renewal price can be determined, a side-by-side | ||||||
8 | comparison of the current price and the price for | ||||||
9 | the first month of the new variable or time-of-use | ||||||
10 | price; or for a variable or time-of-use contract | ||||||
11 | based on a publicly available index, a | ||||||
12 | side-by-side comparison of the current formula and | ||||||
13 | the new formula; and | ||||||
14 | (ix) the phone number and email address to | ||||||
15 | submit a consumer inquiry or complaint to the | ||||||
16 | Illinois Commerce Commission and the Office of the | ||||||
17 | Attorney General. | ||||||
18 | (C) An alternative retail electric supplier shall | ||||||
19 | not automatically renew a consumer's enrollment after | ||||||
20 | the current term of the contract expires when the | ||||||
21 | current term of the contract provides that the | ||||||
22 | consumer will be charged a fixed rate and the renewed | ||||||
23 | contract provides that the consumer will be charged a | ||||||
24 | variable rate, unless: (i) the alternative retail | ||||||
25 | electric supplier complies with subparagraphs (A) and | ||||||
26 | (B); and (ii) the customer expressly consents to the |
| |||||||
| |||||||
1 | contract renewal in writing or by electronic signature | ||||||
2 | at least 30 days, but no more than 60 days, before the | ||||||
3 | contract expires. | ||||||
4 | (D) This paragraph (7) does not apply to customers | ||||||
5 | enrolled in a municipal aggregation program pursuant | ||||||
6 | to Section 1-92 of the Illinois Power Agency Act. | ||||||
7 | (8) All in-person and telephone solicitations shall be | ||||||
8 | conducted in, translated into, and provided in a language | ||||||
9 | in which the consumer subject to the marketing or | ||||||
10 | solicitation is able to understand and communicate. An | ||||||
11 | alternative retail electric supplier shall terminate a | ||||||
12 | solicitation if the consumer subject to the marketing or | ||||||
13 | communication is unable to understand and communicate in | ||||||
14 | the language in which the marketing or solicitation is | ||||||
15 | being conducted. An alternative retail electric supplier | ||||||
16 | shall comply with Section 2N of this Act. | ||||||
17 | (9) Beginning January 1, 2020, consumers shall have | ||||||
18 | the right to terminate their contract with the alternative | ||||||
19 | retail electric supplier at any time without any | ||||||
20 | termination fees or penalties. | ||||||
21 | (10) An alternative retail electric supplier shall not | ||||||
22 | submit a change to a customer's electric service provider | ||||||
23 | in violation of Section 16-115E of the Public Utilities | ||||||
24 | Act. | ||||||
25 | (11) An alternative retail electric supplier shall not | ||||||
26 | enroll a customer unless enrollment is for a fixed-rate |
| |||||||
| |||||||
1 | commodity product that is priced at no more than 5% | ||||||
2 | greater than the trailing 12-month average utility supply | ||||||
3 | rate; variable rate offers must provide savings compared | ||||||
4 | to the utility price on a monthly basis. | ||||||
5 | (c) Complaints may be filed with the Illinois Commerce | ||||||
6 | Commission under this Section by a consumer whose electric | ||||||
7 | service has been provided by an alternative retail electric | ||||||
8 | supplier in a manner not in compliance with this Section or by | ||||||
9 | the Illinois Commerce Commission on its own motion when it | ||||||
10 | appears to the Commission that an alternative retail electric | ||||||
11 | supplier has provided service in a manner not in compliance | ||||||
12 | with this Section. If, after notice and hearing, the | ||||||
13 | Commission finds that an alternative retail electric supplier | ||||||
14 | has violated this Section, the Commission may in its | ||||||
15 | discretion do any one or more of the following: | ||||||
16 | (1) Require the violating alternative retail electric | ||||||
17 | supplier to refund to the consumer charges collected in | ||||||
18 | excess of those that would have been charged by the | ||||||
19 | consumer's authorized electric service provider. | ||||||
20 | (2) Require the violating alternative retail electric | ||||||
21 | supplier to pay to the consumer's authorized electric | ||||||
22 | service provider the amount the authorized electric | ||||||
23 | service provider would have collected for the electric | ||||||
24 | service. The Commission is authorized to reduce this | ||||||
25 | payment by any amount already paid by the violating | ||||||
26 | alternative retail electric supplier to the consumer's |
| |||||||
| |||||||
1 | authorized provider for electric service. | ||||||
2 | (3) Require the violating alternative retail electric | ||||||
3 | supplier to pay a fine of up to $1,000 into the Public | ||||||
4 | Utility Fund for each repeated and intentional violation | ||||||
5 | of this Section. | ||||||
6 | (4) Issue a cease and desist order. | ||||||
7 | (5) For a pattern of violation of this Section or for | ||||||
8 | intentionally violating a cease and desist order, revoke | ||||||
9 | the violating alternative retail electric supplier's | ||||||
10 | certificate of service authority.
| ||||||
11 | (d) For purposes of this
Section: | ||||||
12 | "Electric service provider"
shall have the meaning given | ||||||
13 | that phrase in
Section 6.5 of the
Attorney General Act.
| ||||||
14 | "Alternative retail electric supplier" has the meaning | ||||||
15 | given to that term in Section 16-102 of the Public Utilities | ||||||
16 | Act. | ||||||
17 | (Source: P.A. 101-590, eff. 1-1-20 .)
| ||||||
18 | (815 ILCS 505/2DDD) | ||||||
19 | Sec. 2DDD. Alternative gas suppliers. | ||||||
20 | (a) Definitions. | ||||||
21 | (1) "Alternative gas supplier" has the same meaning as | ||||||
22 | in Section 19-105 of the Public Utilities Act. | ||||||
23 | (2) "Gas utility" has the same meaning as in Section | ||||||
24 | 19-105 of the Public Utilities Act. | ||||||
25 | (b) It is an unfair or deceptive act or practice within the |
| |||||||
| |||||||
1 | meaning of Section 2 of this Act for any person to violate any | ||||||
2 | provision of this Section. | ||||||
3 | (c) Solicitation. | ||||||
4 | (1) An alternative gas supplier shall not utilize the | ||||||
5 | name of a public utility in any manner that is deceptive or | ||||||
6 | misleading, including, but not limited to, implying or | ||||||
7 | otherwise leading a customer to believe that an | ||||||
8 | alternative gas supplier is soliciting on behalf of or is | ||||||
9 | an agent of a utility. An alternative gas supplier shall | ||||||
10 | not utilize the name, or any other identifying insignia, | ||||||
11 | graphics, or wording, that has been used at any time to | ||||||
12 | represent a public utility company or its services or to | ||||||
13 | identify, label, or define any of its natural gas supply | ||||||
14 | offers and shall not misrepresent the affiliation of any | ||||||
15 | alternative supplier with the gas utility, governmental | ||||||
16 | bodies, or consumer groups. | ||||||
17 | (2) If any sales solicitation, agreement, contract, or | ||||||
18 | verification is translated into another language and | ||||||
19 | provided to a customer, all of the documents must be | ||||||
20 | provided to the customer in that other language. | ||||||
21 | (2.3) An alternative gas supplier shall state that it | ||||||
22 | represents an independent seller of gas certified by the | ||||||
23 | Illinois Commerce Commission and that he or she is not | ||||||
24 | employed by, representing, endorsed by, or acting on | ||||||
25 | behalf of a utility, or a utility program. | ||||||
26 | (2.5) All in-person and telephone solicitations shall |
| |||||||
| |||||||
1 | be conducted in, translated into, and provided in a | ||||||
2 | language in which the consumer subject to the marketing or | ||||||
3 | solicitation is able to understand and communicate. An | ||||||
4 | alternative gas supplier shall terminate a solicitation if | ||||||
5 | the consumer subject to the marketing or communication is | ||||||
6 | unable to understand and communicate in the language in | ||||||
7 | which the marketing or solicitation is being conducted. An | ||||||
8 | alternative gas supplier shall comply with Section 2N of | ||||||
9 | this Act. | ||||||
10 | (3) An alternative gas supplier shall clearly and | ||||||
11 | conspicuously disclose the following information to all | ||||||
12 | customers: | ||||||
13 | (A) the prices, terms, and conditions of the | ||||||
14 | products and services being sold to the customer; | ||||||
15 | (B) where the solicitation occurs in person, | ||||||
16 | including through door-to-door solicitation, the | ||||||
17 | salesperson's name; | ||||||
18 | (C) the alternative gas supplier's contact | ||||||
19 | information, including the address, phone number, and | ||||||
20 | website; | ||||||
21 | (D) contact information for the Illinois Commerce | ||||||
22 | Commission, including the toll-free number for | ||||||
23 | consumer complaints and website; | ||||||
24 | (E) a statement of the customer's right to rescind | ||||||
25 | the offer within 10 business days of the date on the | ||||||
26 | utility's notice confirming the customer's decision to |
| |||||||
| |||||||
1 | switch suppliers, as well as phone numbers for the | ||||||
2 | supplier and utility that the consumer may use to | ||||||
3 | rescind the contract; | ||||||
4 | (F) the amount of the early termination fee, if | ||||||
5 | any; and | ||||||
6 | (G) the utility gas supply cost rates per therm | ||||||
7 | price available from the Illinois Commerce Commission | ||||||
8 | website applicable at the time the alternative gas | ||||||
9 | supplier is offering or selling the products or | ||||||
10 | services to the customer and shall disclose the | ||||||
11 | following statement: | ||||||
12 | "(Name of the alternative gas supplier) is not the | ||||||
13 | same entity as your gas delivery company. You are not | ||||||
14 | required to enroll with (name of alternative retail | ||||||
15 | gas supplier). Beginning on (effective date), the | ||||||
16 | utility gas supply cost rate per therm is (cost). The | ||||||
17 | utility gas supply cost will expire on (expiration | ||||||
18 | date). For more information go to the Illinois | ||||||
19 | Commerce Commission's free website at | ||||||
20 | www.icc.illinois.gov/ags/consumereducation.aspx.". | ||||||
21 | (3.5) An alternative gas supplier shall not enroll a | ||||||
22 | customer unless enrollment is for a fixed-rate commodity | ||||||
23 | product that is priced at no more than 5% greater than the | ||||||
24 | trailing 12-month average utility supply rate; variable | ||||||
25 | rate offers must provide savings compared to utility price | ||||||
26 | on a monthly basis. |
| |||||||
| |||||||
1 | (4) Except as provided in paragraph (5) of this | ||||||
2 | subsection (c), an alternative gas supplier shall send the | ||||||
3 | information described in paragraph (3) of this subsection | ||||||
4 | (c) to all customers within one business day of the | ||||||
5 | authorization of a switch. | ||||||
6 | (5) An alternative gas supplier engaging in | ||||||
7 | door-to-door solicitation of consumers shall provide the | ||||||
8 | information described in paragraph (3) of this subsection | ||||||
9 | (c) during all door-to-door solicitations that result in a | ||||||
10 | customer deciding to switch his or her supplier. | ||||||
11 | (d) Customer Authorization. An alternative gas supplier | ||||||
12 | shall not submit or execute a change in a customer's selection | ||||||
13 | of a natural gas provider unless and until (i) the alternative | ||||||
14 | gas supplier first discloses all material terms and conditions | ||||||
15 | of the offer to the customer; (ii) the alternative gas | ||||||
16 | supplier has obtained the customer's express agreement to | ||||||
17 | accept the offer after the disclosure of all material terms | ||||||
18 | and conditions of the offer; and (iii) the alternative gas | ||||||
19 | supplier has confirmed the request for a change in accordance | ||||||
20 | with one of the following procedures: | ||||||
21 | (1) The alternative gas supplier has obtained the | ||||||
22 | customer's written or electronically signed authorization | ||||||
23 | in a form that meets the following requirements: | ||||||
24 | (A) An alternative gas supplier shall obtain any | ||||||
25 | necessary written or electronically signed | ||||||
26 | authorization from a customer for a change in natural |
| |||||||
| |||||||
1 | gas service by using a letter of agency as specified in | ||||||
2 | this Section. Any letter of agency that does not | ||||||
3 | conform with this Section is invalid. | ||||||
4 | (B) The letter of agency shall be a separate | ||||||
5 | document (or an easily separable document containing | ||||||
6 | only the authorization language described in item (E) | ||||||
7 | of this paragraph (1)) whose sole purpose is to | ||||||
8 | authorize a natural gas provider change. The letter of | ||||||
9 | agency must be signed and dated by the customer | ||||||
10 | requesting the natural gas provider change. | ||||||
11 | (C) The letter of agency shall not be combined | ||||||
12 | with inducements of any kind on the same document. | ||||||
13 | (D) Notwithstanding items (A) and (B) of this | ||||||
14 | paragraph (1), the letter of agency may be combined | ||||||
15 | with checks that contain only the required letter of | ||||||
16 | agency language prescribed in item (E) of this | ||||||
17 | paragraph (1) and the necessary information to make | ||||||
18 | the check a negotiable instrument. The letter of | ||||||
19 | agency check shall not contain any promotional | ||||||
20 | language or material. The letter of agency check shall | ||||||
21 | contain in easily readable, bold face type on the face | ||||||
22 | of the check, a notice that the consumer is | ||||||
23 | authorizing a natural gas provider change by signing | ||||||
24 | the check. The letter of agency language also shall be | ||||||
25 | placed near the signature line on the back of the | ||||||
26 | check. |
| |||||||
| |||||||
1 | (E) At a minimum, the letter of agency must be | ||||||
2 | printed with a print of sufficient size to be clearly | ||||||
3 | legible, and must contain clear and unambiguous | ||||||
4 | language that confirms: | ||||||
5 | (i) the customer's billing name and address; | ||||||
6 | (ii) the decision to change the natural gas | ||||||
7 | provider from the current provider to the | ||||||
8 | prospective alternative gas supplier; | ||||||
9 | (iii) the terms, conditions, and nature of the | ||||||
10 | service to be provided to the customer, including, | ||||||
11 | but not limited to, the rates for the service | ||||||
12 | contracted for by the customer; and | ||||||
13 | (iv) that the customer understands that any | ||||||
14 | natural gas provider selection the customer | ||||||
15 | chooses may involve a charge to the customer for | ||||||
16 | changing the customer's natural gas provider. | ||||||
17 | (F) Letters of agency shall not suggest or require | ||||||
18 | that a customer take some action in order to retain the | ||||||
19 | customer's current natural gas provider. | ||||||
20 | (G) If any portion of a letter of agency is | ||||||
21 | translated into another language, then all portions of | ||||||
22 | the letter of agency must be translated into that | ||||||
23 | language. | ||||||
24 | (2) An appropriately qualified independent third party | ||||||
25 | has obtained, in accordance with the procedures set forth | ||||||
26 | in this paragraph (2), the customer's oral authorization |
| |||||||
| |||||||
1 | to change natural gas providers that confirms and includes | ||||||
2 | appropriate verification data. The independent third party | ||||||
3 | must (i) not be owned, managed, controlled, or directed by | ||||||
4 | the alternative gas supplier or the alternative gas | ||||||
5 | supplier's marketing agent; (ii) not have any financial | ||||||
6 | incentive to confirm provider change requests for the | ||||||
7 | alternative gas supplier or the alternative gas supplier's | ||||||
8 | marketing agent; and (iii) operate in a location | ||||||
9 | physically separate from the alternative gas supplier or | ||||||
10 | the alternative gas supplier's marketing agent. Automated | ||||||
11 | third-party verification systems and 3-way conference | ||||||
12 | calls may be used for verification purposes so long as the | ||||||
13 | other requirements of this paragraph (2) are satisfied. An | ||||||
14 | alternative gas supplier or alternative gas supplier's | ||||||
15 | sales representative initiating a 3-way conference call or | ||||||
16 | a call through an automated verification system must drop | ||||||
17 | off the call once the 3-way connection has been | ||||||
18 | established. All third-party verification methods shall | ||||||
19 | elicit, at a minimum, the following information: | ||||||
20 | (A) the identity of the customer; | ||||||
21 | (B) confirmation that the person on the call is | ||||||
22 | authorized to make the provider change; | ||||||
23 | (C) confirmation that the person on the call wants | ||||||
24 | to make the provider change; | ||||||
25 | (D) the names of the providers affected by the | ||||||
26 | change; |
| |||||||
| |||||||
1 | (E) the service address of the service to be | ||||||
2 | switched; and | ||||||
3 | (F) the price of the service to be provided and the | ||||||
4 | material terms and conditions of the service being | ||||||
5 | offered, including whether any early termination fees | ||||||
6 | apply. | ||||||
7 | Third-party verifiers may not market the alternative | ||||||
8 | gas supplier's services. All third-party verifications | ||||||
9 | shall be conducted in the same language that was used in | ||||||
10 | the underlying sales transaction and shall be recorded in | ||||||
11 | their entirety. Submitting alternative gas suppliers shall | ||||||
12 | maintain and preserve audio records of verification of | ||||||
13 | customer authorization for a minimum period of 2 years | ||||||
14 | after obtaining the verification. Automated systems must | ||||||
15 | provide customers with an option to speak with a live | ||||||
16 | person at any time during the call. Each disclosure made | ||||||
17 | during the third-party verification must be made | ||||||
18 | individually to obtain clear acknowledgment of each | ||||||
19 | disclosure. The alternative gas supplier must be in a | ||||||
20 | location where he or she cannot hear the customer while | ||||||
21 | the third-party verification is conducted. The alternative | ||||||
22 | gas supplier shall not contact the customer after the | ||||||
23 | third-party verification for a period of 24 hours unless | ||||||
24 | the customer initiates the contact. | ||||||
25 | (3) The alternative gas supplier has obtained the | ||||||
26 | customer's electronic authorization to change natural gas |
| |||||||
| |||||||
1 | service via telephone. Such authorization must elicit the | ||||||
2 | information in subparagraphs (A) through (F) of paragraph | ||||||
3 | (2) of this subsection (d). Alternative gas suppliers | ||||||
4 | electing to confirm sales electronically shall establish | ||||||
5 | one or more toll-free telephone numbers exclusively for | ||||||
6 | that purpose. Calls to the number or numbers shall connect | ||||||
7 | a customer to a voice response unit, or similar mechanism, | ||||||
8 | that makes a date-stamped, time-stamped recording of the | ||||||
9 | required information regarding the alternative gas | ||||||
10 | supplier change. | ||||||
11 | The alternative gas supplier shall not use such | ||||||
12 | electronic authorization systems to market its services. | ||||||
13 | (4) When a consumer initiates the call to the | ||||||
14 | prospective alternative gas supplier, in order to enroll | ||||||
15 | the consumer as a customer, the prospective alternative | ||||||
16 | gas supplier must, with the consent of the customer, make | ||||||
17 | a date-stamped, time-stamped audio recording that elicits, | ||||||
18 | at a minimum, the following information: | ||||||
19 | (A) the identity of the customer; | ||||||
20 | (B) confirmation that the person on the call is | ||||||
21 | authorized to make the provider change; | ||||||
22 | (C) confirmation that the person on the call wants | ||||||
23 | to make the provider change; | ||||||
24 | (D) the names of the providers affected by the | ||||||
25 | change; | ||||||
26 | (E) the service address of the service to be |
| |||||||
| |||||||
1 | switched; and | ||||||
2 | (F) the price of the service to be supplied and the | ||||||
3 | material terms and conditions of the service being | ||||||
4 | offered, including whether any early termination fees | ||||||
5 | apply. | ||||||
6 | Submitting alternative gas suppliers shall maintain | ||||||
7 | and preserve the audio records containing the information | ||||||
8 | set forth above for a minimum period of 2 years. | ||||||
9 | (5) In the event that a customer enrolls for service | ||||||
10 | from an alternative gas supplier via an Internet website, | ||||||
11 | the alternative gas supplier shall obtain an | ||||||
12 | electronically signed letter of agency in accordance with | ||||||
13 | paragraph (1) of this subsection (d) and any customer | ||||||
14 | information shall be protected in accordance with all | ||||||
15 | applicable statutes and rules. In addition, an alternative | ||||||
16 | gas supplier shall provide the following when marketing | ||||||
17 | via an Internet website: | ||||||
18 | (A) The Internet enrollment website shall, at a | ||||||
19 | minimum, include: | ||||||
20 | (i) a copy of the alternative gas supplier's | ||||||
21 | customer contract, which clearly and conspicuously | ||||||
22 | discloses all terms and conditions; and | ||||||
23 | (ii) a conspicuous prompt for the customer to | ||||||
24 | print or save a copy of the contract. | ||||||
25 | (B) Any electronic version of the contract shall | ||||||
26 | be identified by version number, in order to ensure |
| |||||||
| |||||||
1 | the ability to verify the particular contract to which | ||||||
2 | the customer assents. | ||||||
3 | (C) Throughout the duration of the alternative gas | ||||||
4 | supplier's contract with a customer, the alternative | ||||||
5 | gas supplier shall retain and, within 3 business days | ||||||
6 | of the customer's request, provide to the customer an | ||||||
7 | e-mail, paper, or facsimile of the terms and | ||||||
8 | conditions of the numbered contract version to which | ||||||
9 | the customer assents. | ||||||
10 | (D) The alternative gas supplier shall provide a | ||||||
11 | mechanism by which both the submission and receipt of | ||||||
12 | the electronic letter of agency are recorded by time | ||||||
13 | and date. | ||||||
14 | (E) After the customer completes the electronic | ||||||
15 | letter of agency, the alternative gas supplier shall | ||||||
16 | disclose conspicuously through its website that the | ||||||
17 | customer has been enrolled and the alternative gas | ||||||
18 | supplier shall provide the customer an enrollment | ||||||
19 | confirmation number. | ||||||
20 | (6) When a customer is solicited in person by the | ||||||
21 | alternative gas supplier's sales agent, the alternative | ||||||
22 | gas supplier may only obtain the customer's authorization | ||||||
23 | to change natural gas service through the method provided | ||||||
24 | for in paragraph (2) of this subsection (d). | ||||||
25 | Alternative gas suppliers must be in compliance with the | ||||||
26 | provisions of this subsection (d) within 90 days after April |
| |||||||
| |||||||
1 | 10, 2009 (the effective date of Public Act 95-1051). | ||||||
2 | (e) Early Termination. | ||||||
3 | (1) Beginning January 1, 2020, consumers shall have | ||||||
4 | the right to terminate their contract with an alternative | ||||||
5 | gas supplier at any time without any termination fees or | ||||||
6 | penalties. | ||||||
7 | (2) In any agreement that contains an early | ||||||
8 | termination clause, an alternative gas supplier shall | ||||||
9 | provide the customer the opportunity to terminate the | ||||||
10 | agreement without any termination fee or penalty within 10 | ||||||
11 | business days after the date of the first bill issued to | ||||||
12 | the customer for products or services provided by the | ||||||
13 | alternative gas supplier. The agreement shall disclose the | ||||||
14 | opportunity and provide a toll-free phone number that the | ||||||
15 | customer may call in order to terminate the agreement. | ||||||
16 | (f) The alternative gas supplier shall provide each | ||||||
17 | customer the opportunity to rescind its agreement without | ||||||
18 | penalty within 10 business days after the date on the gas | ||||||
19 | utility notice to the customer. The alternative gas supplier | ||||||
20 | shall disclose to the customer all of the following: | ||||||
21 | (1) that the gas utility shall send a notice | ||||||
22 | confirming the switch; | ||||||
23 | (2) that from the date the utility issues the notice | ||||||
24 | confirming the switch, the customer shall have 10 business | ||||||
25 | days before the switch will become effective; | ||||||
26 | (3) that the customer may contact the gas utility or |
| |||||||
| |||||||
1 | the alternative gas supplier to rescind the switch within | ||||||
2 | 10 business days; and | ||||||
3 | (4) the contact information for the gas utility and | ||||||
4 | the alternative gas supplier. | ||||||
5 | The alternative gas supplier disclosure shall be included | ||||||
6 | in its sales solicitations, contracts, and all applicable | ||||||
7 | sales verification scripts. | ||||||
8 | (f-5)(1) Beginning January 1, 2020, an alternative gas | ||||||
9 | supplier shall not sell or offer to sell any products or | ||||||
10 | services to a consumer pursuant to a contract in which the | ||||||
11 | contract automatically renews, unless an alternative gas | ||||||
12 | supplier provides to the consumer at the outset of the offer, | ||||||
13 | in addition to other disclosures required by law, a separate | ||||||
14 | written statement titled "Automatic Contract Renewal" that | ||||||
15 | clearly and conspicuously discloses in bold lettering in at | ||||||
16 | least 12-point font the terms and conditions of the automatic | ||||||
17 | contract renewal provision, including: (i) the estimated bill | ||||||
18 | cycle on which the initial contract term expires and a | ||||||
19 | statement that it could be later based on when the utility | ||||||
20 | accepts the initial enrollment; (ii) the estimated bill cycle | ||||||
21 | on which the new contract term begins and a statement that it | ||||||
22 | will immediately follow the last billing cycle of the current | ||||||
23 | term; (iii) the procedure to terminate the contract before the | ||||||
24 | new contract term applies; and (iv) the cancellation | ||||||
25 | procedure. If the alternative gas supplier sells or offers to | ||||||
26 | sell the products or services to a consumer during an |
| |||||||
| |||||||
1 | in-person solicitation or telemarketing solicitation, the | ||||||
2 | disclosures described in this paragraph (1) shall also be made | ||||||
3 | to the consumer verbally during the solicitation. Nothing in | ||||||
4 | this paragraph (1) shall be construed to apply to contracts | ||||||
5 | entered into before January 1, 2020. | ||||||
6 | (2) At least 30 days before, but not more than 60 days | ||||||
7 | prior, to the end of the initial contract term, in any and all | ||||||
8 | contracts that automatically renew after the initial term, the | ||||||
9 | alternative gas supplier shall send, in addition to other | ||||||
10 | disclosures required by law, a separate written notice of the | ||||||
11 | contract renewal to the consumer that clearly and | ||||||
12 | conspicuously discloses the following: | ||||||
13 | (A) a statement printed or visible from the outside of | ||||||
14 | the envelope or in the subject line of the email, if the | ||||||
15 | customer has agreed to receive official documents by | ||||||
16 | email, that states "Contract Renewal Notice"; | ||||||
17 | (B) a statement in bold lettering, in at least | ||||||
18 | 12-point font, that the contract will automatically renew | ||||||
19 | unless the customer cancels it; | ||||||
20 | (C) the billing cycle in which service under the | ||||||
21 | current term will expire; | ||||||
22 | (D) the billing cycle in which service under the new | ||||||
23 | term will begin; | ||||||
24 | (E) the process and options available to the consumer | ||||||
25 | to reject the new contract terms; | ||||||
26 | (F) the cancellation process if the consumer's |
| |||||||
| |||||||
1 | contract automatically renews before the consumer rejects | ||||||
2 | the new contract terms; | ||||||
3 | (G) the terms and conditions of the new contract term; | ||||||
4 | (H) for a fixed rate or flat bill contract, a | ||||||
5 | side-by-side comparison of the current fixed rate or flat | ||||||
6 | bill to the new fixed rate or flat bill; for a variable | ||||||
7 | rate contract or time-of-use product in which the first | ||||||
8 | month's renewal price can be determined, a side-by-side | ||||||
9 | comparison of the current price and the price for the | ||||||
10 | first month of the new variable or time-of-use price; or | ||||||
11 | for a variable or time-of-use contract based on a publicly | ||||||
12 | available index, a side-by-side comparison of the current | ||||||
13 | formula and the new formula; and | ||||||
14 | (I) the phone number and email address to submit a | ||||||
15 | consumer inquiry or complaint to the Illinois Commerce | ||||||
16 | Commission and the Office of the Attorney General. | ||||||
17 | (3) An alternative gas supplier shall not automatically | ||||||
18 | renew a consumer's enrollment after the current term of the | ||||||
19 | contract expires when the current term of the contract | ||||||
20 | provides that the consumer will be charged a fixed rate and the | ||||||
21 | renewed contract provides that the consumer will be charged a | ||||||
22 | variable rate, unless: (i) the alternative gas supplier | ||||||
23 | complies with paragraphs (1) and (2); and (ii) the customer | ||||||
24 | expressly consents to the contract renewal in writing or by | ||||||
25 | electronic signature at least 30 days, but no more than 60 | ||||||
26 | days, before the contract expires. |
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1 | (4) An alternative gas supplier shall not submit a change | ||||||
2 | to a customer's gas service provider in violation of Section | ||||||
3 | 19-116 of the Public Utilities Act. | ||||||
4 | (g) The provisions of this Section shall apply only to | ||||||
5 | alternative gas suppliers serving or seeking to serve | ||||||
6 | residential and small commercial customers and only to the | ||||||
7 | extent such alternative gas suppliers provide services to | ||||||
8 | residential and small commercial customers.
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9 | (Source: P.A. 101-590, eff. 1-1-20; 102-558, eff. 8-20-21.)
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