|Board Proposes Readoption of TPS Marketing Standards|
The Board is proposing the readoption of Third Party Supplier (TPS) advertising and marketing regulations adopted to implement statutory requirements enacted through P.L. 2013, c. 263. The regulations proposed to be readopted prohibit, "electric power suppliers, gas suppliers, brokers, energy agents, marketers, private aggregators, sales representatives, and telemarketers," from making false or misleading advertising and marketing claims to potential residential customers. The regulations also prohibit those entities from contacting a potential residential customer by telephone for the purpose of making an unsolicited advertisement or marketing of their services if the entities do not have a preexisting business relationship with the customer and the customer's phone number appears on the "no telemarketing" list maintained by the Division of Consumer Affairs or the FTC's national "do not call" registry. If an entity violates these provisions it must pay to the residential customer, "an amount equal to all charges paid by the residential customer after such violation occurs." Violations of these requirements will also subject these entities to liability for a civil penalty. The Board also has authority to revoke an entity's license for violation of these provisions. Comments on the rule readoption are due by July 1, 2016. The full text of the Proposed Rule Readoption is available on the NEM Website.