1. Avoiding “Whack-a-mole”: Strategic Consumer Advocacy Against Competitive Supplier Abuses
Jenifer Bosco, Staff Attorney
National Consumer Law Center
June 5, 2017

2. Massachusetts Department of Public Utilities regulations in development
Docket No. D.P.U , Investigation by the DPU on its own Motion to Establish Interim Guidelines for Competitive Supply Formal Investigations and Proceedings
Comments submitted in October 2016
NCLC described problems faced by consumers, including deceptive and misleading practices, lack of consumer savings
Urged stronger penalties, including mandatory license revocation for repeat violations of state law

3. Massachusetts Office of the Attorney General regulations in development (940 CMR 19.00)
AGO proposed stronger consumer protections, e.g.,:
Variable rates must be “calculable” (rate must be disclosed to consumer or can be calculated with a method that is disclosed to the customer)
Prohibiting aggressive sales tactics, unauthorized switching, marketing to customers unable to understand transaction, bait and switch, backdating of agreements
Disclosures required for automatic renewal
NCLC comments support proposed changes, and suggest opt-out list, prohibiting automatic renewals, public reporting of prices and complaints, no forced arbitration

4. California competitive supply developments
Natural gas competitive supply, “core transport agencies” (CTA’s)
CPUC proceedings, R , to Regulate non-rate matters, including Registration Standards, Complaint Resolution Practices, and Minimum Standards of Consumer Protection.
TURN, Center for Accessible Technology and NCLC filed joint comments seeking strong consumer protections, in light of marketing and pricing problems seen in other states and actions taken in CT, NY, and elsewhere
Electric competitive supply
CPUC staff white paper and CPUC & California Energy Commission en banc hearing during May 2017, noted need for robust consumer protections and upcoming rulemaking

5. Contact information
Jenifer Bosco, Staff Attorney