Md. Code Regs. 20.53.07.05 - Unauthorized Enrollment or Service

A. A supplier may not enroll a customer without the customer's consent.

B. A supplier may not add a new charge for a new service, existing service, or service option without first obtaining consent from the customer, verifiable to the same extent and using the same methods specified for contracting under Regulation .08 of this chapter.

C. Prohibition on Serving Energy Assistance Households on Unapproved Contracts.

(1) For contracts signed on or after July 1, 2023, a supplier may not charge an energy assistance household for supply services unless those charges are for a Commission-approved contract for energy assistance households as set forth in COMAR 20.51.02.10.

(2) Prior to submitting an enrollment, a supplier shall make reasonable efforts to ensure that energy assistance households are only enrolled on approved contracts, including, but not limited to:

(a) Customer inquiry;

(b) Disclosing to the customer that an unapproved offer is not available to energy assistance households;

(c) Checking the My OHEP Status Portal; or

(d) Acquiring pre-enrollment information as provided in COMAR 20.53.03.02A(8).

D. Enrollment Disputes.

(1) A customer alleging a violation of this regulation may file a dispute with the Commission's Office of External Relations.

(2) Upon proof of the allegations, that an enrollment was unauthorized, the Commission's Consumer Affairs Division (CAD) may order the supplier to issue a refund to the customer in an amount, determined by CAD, intended to hold the customer harmless relative to the price the customer would have paid had the unauthorized enrollment not occurred.

(a) If the charges have been billed by and the receivable purchased by the utility, the refund determined by OER shall be remitted to the utility by the supplier. The refund determined by OER shall be applied to the customer's utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.

(b) Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility the total amount billed less any refund determined by OER.

(c) CAD-Directed Refund Under Supplier-Consolidated Billing.

(i) If CAD determines that a refund of regulated electric utility charges is warranted and the supplier has purchased those receivables from the utility, then the utility shall issue a refund to the supplier for the amount purchased.

(ii) A refund received by a supplier under §C(2)(c)(i) of this regulation shall be refunded to the customer by the supplier.

(iii) If CAD determines that a refund of supply charges is warranted, the supplier shall issue the refund to the customer.

E. This regulation does not limit the authority of the Commission under Public Utilities Article, § 7-507(k), Annotated Code of Maryland.

Notes

Md. Code Regs. 20.53.07.05

Regulation .05 amended effective 43:5 Md. R. 386, eff.3/14/2016; amended effective 49:5 Md. R.367, eff. 3/7/2022; amended effective 50:13 Md. R. 513, eff. 7/10/2023