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This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021. Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order -- Energy Operations Analyst of both the initial and revised RAAFs. and 1.D. of the RAAF which, if proven to be the case, would be a violation of the UBP." Similarly, the required complaint data was not included with the application package documents. This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." Associate -- Retail Supplier -- DFW Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. The significant number of complaints filed against Josco between 2016 and 2020 alleging marking violations demonstrate a material pattern of complaints on matters within Joscos control." Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston ADVERTISEMENT ADVERTISEMENT NEW! Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. These transfers shall occur on the customers regularly scheduled meter reading dates. CPS Energy first filed claims against ERCOT on March 12, 2021 for its lack of oversight, preparedness, . HOME Section 1.B. View Josco's full profile Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank. -- Retail Supplier email or post the website link; unauthorized copying, retransmission, or republication NEW! Josco also repeatedly claimed that it would improve its complaint response practices, yet 17 of the 29 responses to complaints received during 2020 were inadequate and eight of those were during the second half of the year," the PSC stated in its order This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." NEW! The PSC's show cause order states, "Upon completion of the application review, Staff requested complaint type and resolution details from Ohio, Maryland, District of Columbia, and New Jersey, as well as other revisions and missing documentation. Because Josco has had a significant history of complaints and enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process. Josco will also refund 215 customers any amounts paid above their local utility's default rate. Cases 15-M-0127, et al. Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. -- New Product Strategy and Development Sr. The complaint data provided included the types of complaints for Maryland and only the number of complaints for Ohio, New Jersey, and the District of Columbia." Associate -- Retail Supplier -- DFW This appears to directly contradict the information provided in Section 1.C. The PSC's show cause order states, "On December 8, 2020, Smart One filed an application, signed by the Chief Executive Officer (CEO) seeking to comply with the December 2019 Order. The required complaint data was also missing from the application package." Staffs review of the sales calls found that the majority of the agents spoke very quickly and merely completed the script and connected the customer to the TPV. Consequences against Josco are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' and has failed to comply with the marketing standards of UBP 10. SunSea Smart One -- Account Operations Manager -- Retail Supplier, Cases 15-M-0127, et al. ADVERTISEMENT Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. .' Last week, 131 insurance companies filed a lawsuit in Travis County District Court against ERCOT and about three dozen electricity generators, claiming that they are to blame for the power outage. Additionally, the Commission finds that SunSea engaged in misleading or deceptive conduct in marketing to New York customers, including making false or misleading representations regarding the rates or savings offered by SunSea." The information provided by Smart One in these sections indicates that Smart One has no affiliates, uses no other trade names, has operated only in New York in the last 24 months, and has had no regulatory sanctions imposed in the last 36 months. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' The PSC's show cause order states, "Upon completion of the application review, Staff requested revisions to the sales agreements, TPV scripts, the complaint data from all jurisdictions in which Smart One operates, and other missing documentation. The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. "In order to effectively regulate ESCOs operating in New York State, the Commission must ensure that truthful and accurate information is provided to the Commission and Staff. -- Sr. Analyst, Structuring -- Retail Supplier This appears to directly contradict the information provided in Section 1.C. The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said Additionally, Staff requested the complaint data for all jurisdictions in which Josco operates, as well as other missing documentation. of the initial RAAF and Sections 1.D. -- Sales Development Representative (SDR) -- Houston Additionally, the Commission finds that SunSea engaged in misleading or deceptive conduct in marketing to New York customers, including making false or misleading representations regarding the rates or savings offered by SunSea." The PSC stated in its order that, "Additionally, the enrollment documentation that SunSea is referring to was missing from 12 of the cases in the NOAF which prompted Staff to include the records retention violation to the OTSC. Section 1.B. The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. The PSC's show cause order states, "On December 8, 2020, Smart One filed an application, signed by the Chief Executive Officer (CEO) seeking to comply with the December 2019 Order. With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order If you wish to share this story, please Section 1.B. NEW! With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order ; 20-M-0589; 20-M-0446 408 followers 406 connections. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston -- Energy Operations Analyst NEW! The PSC stated in its order that, "Josco further claims that it has 'consistently worked and continues to work cooperatively and proactively with Staff to quickly and fairly address customer issues and complaints.' .' The significant number of complaints filed against Josco between 2016 and 2020 alleging marking violations demonstrate a material pattern of complaints on matters within Joscos control." Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. The PSC's show cause order states, "Upon completion of the application review, Staff requested revisions to the sales agreements, TPV scripts, the complaint data from all jurisdictions in which Smart One operates, and other missing documentation. The required complaint data was also missing from the application package." Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said -- Retail Supplier .' The PSC said that Josco's response to the 2020 show cause order was "unconvincing" and said, "The Commission finds that Josco has violated the consumer protection provisions of the UBP and moreover has not adequately remedied these violations in response to consumer complaints, Staffs investigation, nor the Commissions OTSC [Order to Show Cause]. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. and 1.E. ", The PSC's show cause order states, "Upon completion of the application review, Staff requested revisions to the sales agreements, TPV scripts, and RAAF, including Sections 1.B., 1.D., and 1.E. In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. of the RAAF which, if proven to be the case, would be a violation of the UBP." Associate -- Retail Supplier -- DFW . NEW! NEW! Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." Josco. . In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. -- Sales Development Representative (SDR) -- Houston NEW! -- Energy Operations Analyst .' -- Sr. Analyst, Structuring -- Retail Supplier Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." We find that after months of similar complaints without corrective action, the noncompliance became willful. prohibited. On August 2, 2019, the Maryland Public Service Commission issued its Order Suspending Retail Supply License, Imposing Civil Penalty, and Directing the Transfer of Service against Smart One. NEW! HOME Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. In response, Starion provided additional information on February 17, 2021. Consequences against SunSea are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' failed to comply with 'federal, state, or local laws, rules, or regulations related to sales or marketing,' and has failed to comply with the marketing standards of UBP 10.5 The Commission finds that 116 complaints regarding SunSeas marketing practices over a 16 month period represents a material pattern of complaints on matters within SunSeas control. -- New Product Strategy and Development Sr. Because SunSea has had a significant history of slamming, misrepresentation, and other enrollment related complaints, and was subject of recent enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process. The PSC stated in its order that, "Josco further claims that it has 'consistently worked and continues to work cooperatively and proactively with Staff to quickly and fairly address customer issues and complaints.' The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. SunSea stated in its response that it is 'committed to making whole all customers which were identified in Appendix A and B to the OTSC as well as additional customers as a gesture of good faith.' This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. These transfers shall occur on the customers regularly scheduled meter reading dates. Because SunSea has had a significant history of slamming, misrepresentation, and other enrollment related complaints, and was subject of recent enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process. Additionally, Staff notes that on October 7, 2020, the Maryland Public Service Commission issued an order to impose consequences against SunSea for violations of numerous provisions of the Public Utility Article and the Code of Maryland Regulations. Section 1.D., which lists all states in which the company has operated during the last 24 months, refers to another attachment that states Starion serves customers in New York and Ohio, and is licensed in Michigan and Indiana. The PSC's show cause order states, "On November 17, 2020, SunSea filed an application, signed by their CEO, seeking to comply with the December 2019 Order. The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' These transfers shall occur on the customers regularly scheduled meter reading dates. Section 1.B. The RAAF indicates that SunSea Energy, LLC has four affiliates, operates in Ohio, Maryland, New Jersey, and District of Columbia, uses the trade names SunSea and SunSea Energy in other states, and that no senior officer of the ESCO applicant or entity holding ownership interests of 10% or more in the ESCO has had any criminal or regulatory sanctions imposed within the last 36 months. The lack of adequate responses to the QRS/SRS complaints from July 2019-November 2020 directly contradicts the statement regarding SunSeas handling of consumer inquiries and complaints. Consequences against Josco are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' and has failed to comply with the marketing standards of UBP 10. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations It claimed that the misinformation provided on the RAAF was a simple mistake and that the individual completing the application did not believe that the above-named companies met the definition of affiliate. The lack of adequate responses to the QRS/SRS complaints from July 2019-November 2020 directly contradicts the statement regarding SunSeas handling of consumer inquiries and complaints. -- Sales Development Representative (SDR) -- Houston email or post the website link; unauthorized copying, retransmission, or republication NEW! This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." of both the initial and revised RAAFs. On August 2, 2019, the Maryland Public Service Commission issued its Order Suspending Retail Supply License, Imposing Civil Penalty, and Directing the Transfer of Service against Smart One. Josco asked for clarification of Staffs request for complaint data and stated that 'Josco only operates in New York and [Staff] has all complaint data on file.'" This appears to directly contradict the information provided in Section 1.C. An ESCO that provides false or misleading information in its eligibility application raises significant concerns regarding the companys ability to operate in conformance with the UBP and Commission orders. This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. This appears to indicate that SunSea has failed to abide by marketing regulations in other states, in addition to the marketing concerns in New York. "[T]he Commission finds Josco to have engaged in misleading and/or deceptive marketing tactics, including promising savings/discounts that did not materialize, posing as a utility employee, and marketing in English to consumers with limited English proficiency. Furthermore, SunSea has failed to comply with State laws related to sales or marketing as it continued to knowingly make unsolicited telemarketing sales calls during a declared State of Emergency." Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. 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