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.' These facts appears [sic] to directly contradict the information provided in Sections 1.C. Email This Story The information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York." Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. and 1.E. and 1.E. It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. -- Account Operations Manager -- Retail Supplier NEW! 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. NEW! On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. Contradictory evidence was also found as part of the Massachusetts Attorney Generals lawsuit, filed on October 16, 2018, against Starion Energy Inc., two of its principals, including Ruzhdi Dauti, who is named on the RAAF as the president of Starion, and various marketing entities for violations of Massachusetts law. On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. 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." -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston Email This Story Based on SunSeas history of QRS/SRS responses and its NOAF response, including prior denials of refunds, we find these new refunds to be an attempt at self-preservation because the OTSC required it, rather than a gesture of good faith." -- Sales Development Representative (SDR) -- Houston 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." 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. 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. 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.' On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. 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. -- Sales Development Representative (SDR) -- Houston In Section 1.E., Starion notes the other trade name used in other states is 'Starion Energy NY, Inc.' The information provided by Starion in these sections indicates that Starion has two affiliates, operates only in New York and Ohio, uses only the trade name 'Starion Energy NY, Inc.' 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. Copyright 2010-21 Energy Choice Matters. Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." Cases 15-M-0127, et al. HOME The PSC's show cause order states, "On November 18, 2020, Josco filed an application, signed by the Vice President of Operations, seeking to comply with the December 2019 Order. 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 -- Sales Development Representative (SDR) -- Houston Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' NEW! NEW Jobs on RetailEnergyJobs.com: -- Account Operations Manager -- Retail Supplier These transfers shall occur on the customers regularly scheduled meter reading dates. The PSC's show cause order states, "The fact that Josco has affiliates operating in multiple states appears to directly contradict the information provided in Section 1.B. Associate -- Retail Supplier -- DFW In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. We find that after months of similar complaints without corrective action, the noncompliance became willful. If you wish to share this story, please 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. NEW Jobs on RetailEnergyJobs.com: SunSea 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. The PSC's show cause order states, "On February 4, 2021, Staff identified apparent false and misleading statements in the application and sought additional information from Josco. We find that after months of similar complaints without corrective action, the noncompliance became willful. -- Sr. Analyst, Structuring -- Retail Supplier The PSC stated in its order that, "Turning to the marketing provisions of the UBP, SunSea violated the UBP by failing to remove customers from its marketing database after the customers asked to no longer be called by SunSea. If you wish to share this story, please CPS owes Conoco $19.6 million, according to the lawsuit. The PSC's show cause order states, "The fact that Josco has affiliates operating in multiple states appears to directly contradict the information provided in Section 1.B. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, refers to an attachment that lists Starion Energy Inc. as the parent company of Starion Energy PA, Inc. and Starion Energy NY, Inc. Starion answered in the negative when replying to Section 1.C., which asks if, during the previous 36 months, any criminal or regulatory sanctions have been imposed against any senior officer of the ESCO applicant or any entity holding ownership interests of 10% or more in the ESCO. Associate -- Retail Supplier -- DFW NEW! "[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. The PSC stated in its order that, "SunSea states that in response to the NOAF, SunSea denied the allegations against it and provided enrollment documentation. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." 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. 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." If you wish to share this story, please 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." The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. "[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. -- Senior Energy Intelligence Analyst These transfers shall occur on the customers regularly scheduled meter reading dates. 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." -- Energy Operations Analyst -- Senior Energy Intelligence Analyst These transfers shall occur on the customers regularly scheduled meter reading dates. These facts appears [sic] to directly contradict the information provided in Sections 1.C. The PSC stated in its order that, "Turning to the marketing provisions of the UBP, SunSea violated the UBP by failing to remove customers from its marketing database after the customers asked to no longer be called by SunSea. 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. These transfers shall occur on the customers regularly scheduled meter reading dates. 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.' This includes 12 that were confirmed to be checks dated February 2021 for refunds that had been promised on various dates ranging from February 19, 2020, through October 19, 2020. Smart One answered 'no' in response to Section 1.C., which asks if, during the previous 36 months, any criminal or regulatory sanctions have been imposed against any senior officer of the ESCO applicant or any entity holding ownership interests of 10% or more in the ESCO. Smart One answered 'no' in response to Section 1.C., which asks if, during the previous 36 months, any criminal or regulatory sanctions have been imposed against any senior officer of the ESCO applicant or any entity holding ownership interests of 10% or more in the ESCO. 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. "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. -- Sales Development Representative (SDR) -- Houston Josco Energy 200 Route 17 South, Suite 200c Mahwah, NJ 07430 P:201.510.0688 x 108 F:516.299.6045 Ellie@JoscoEnergy.com Issues related to customers: Chani Kaufman Josco Energy Address: 200 Route 17S, Suite 200C, Mahwah, NJ 07430 Phone: 201-510-0688 x 103 Fax: 516-299-6045 E-mail: chani@joscoenergy.com Technical and other issues: Marc Reichmann 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." -- Energy Operations Analyst -- Sr. Analyst, Structuring -- Retail Supplier -- Energy Operations Analyst NEW! NEW! NEW! of the RAAF which, if proven to be the case, would be a violation of the UBP." Cases 15-M-0127, et al. The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. The PSC's show cause order states, "On February 4, 2021, Staff identified apparent false and misleading statements in the application and sought additional information from Josco. The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. -- Account Operations Manager -- Retail Supplier SunSea Similarly, the required complaint data was not included with the application package documents. of both the initial and revised RAAFs. NEW! Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." "[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. The information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York." However, Josco failed to address the fact that the Vice President of Operations signed the RAAF attesting that the information was true, complete, and accurate. and 1.E. "Starion is in the process of reviewing the Public Service Commissions Order to Show Cause and will respond accordingly." Section 1.B. HOME An incomplete response was also provided with respect to the complaint data, which only included the number of complaints each month for New York and Ohio." Section 1.B. NEW! and 1.E. 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. That, combined with the consistent complaints about misleading sales tactics and promises of rebates, rewards, and/or discounts, is not indicative of high standards of customer service." 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. ESCOs wishing to continue to serve customers after the PSC's retail market reset order were required to file new applications for continued ESCO eligibility NEW! The PSC stated in its order that, "SunSea states that 'this unfortunate circumstance is not due to willful noncompliance, but rather the rogue actions of marketing vendors. Section 1.B. of the RAAF which, if proven to be the case, would be a violation of the UBP." 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." Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." NEW! Josco stated in its response that Josco Energy MA, LLC, Josco Energy IL, LLC, and Josco Energy USA, LLC are separate and distinct, for corporate purposes, from Josco. Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' The PSC stated in its order that, "SunSea states that 'this unfortunate circumstance is not due to willful noncompliance, but rather the rogue actions of marketing vendors. 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. NEW! of both the initial and revised RAAFs. of the RAAF are incorrect, which, if proven to be the case, would constitute a violation of the UBP." of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank. The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." The final page of the RAAF that includes the attestation and signature is absent." 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.' 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'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. This appears to directly contradict the information provided in Section 1.C. The PSC stated in its order that, "Turning to the marketing provisions of the UBP, SunSea violated the UBP by failing to remove customers from its marketing database after the customers asked to no longer be called by SunSea. The PSC's show cause order states, "Staff contacted Starion on January 20, 2021, regarding deficiencies in its application, including the lack of compliant contracts, missing complaint data, non-compliant TPVs, and non-compliant marketing materials. 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. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." NEW! Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. 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