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. Copyright 2010-21 Energy Choice Matters. In fact, Josco has demonstrated the opposite, as proven by the fact that the complaint types remained the same over the course of four years and the QRS responses were consistently insufficient during that time, even when Staff provided multiple notices of violations and deficiencies." and 1.D. NEW! The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations NEW! We find that after months of similar complaints without corrective action, the noncompliance became willful. 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. Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order Furthermore, the website named on Joscos RAAF, www.joscoenergy.com, indicates that Josco provides service in Illinois, Maryland, New Jersey, New York, Ohio, and Pennsylvania. -- New Product Strategy and Development Sr. These transfers shall occur on the customers regularly scheduled meter reading dates. 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. 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. In this article, we're going to take a look at the largest sources of energy for the New York Market. NEW! -- Sales Development Representative (SDR) -- Houston prohibited. 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." 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 Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." 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 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. 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. We find that after months of similar complaints without corrective action, the noncompliance became willful. 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. 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.' Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." -- Senior Energy Intelligence Analyst -- Sr. Analyst, Structuring -- Retail Supplier and 1.E. 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. The PSC's show cause order states, "On November 17, 2020, Starion filed an application, signed by Starions Chief Operating Officer (COO), seeking to comply with the December 2019 Order. 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. 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 Jobs on RetailEnergyJobs.com: -- Energy Advisor ", The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. NEW! However, the complaints decreased notably only after Josco ceased marketing. 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. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston 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. 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." 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. 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." 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." Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." 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.' 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]. NEW! NEW! 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. SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. 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. 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." 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. . of the RAAF which, if proven to be the case, would be a violation of the UBP." "[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. 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." Smart One 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. of the RAAF which, if proven to be the case, would be a violation of the UBP." 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. Associate -- Retail Supplier -- DFW The trial court found all three advertising claims in violation of the CPA. It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" NEW! Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. -- Retail Supplier Smart One Section 1.B. Section 1.B. SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. 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. 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. ", "[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. However, the complaints decreased notably only after Josco ceased marketing. 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." Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. NEW! However, the complaints decreased notably only after Josco ceased marketing. 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 Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." Associate -- Retail Supplier -- DFW 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. 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. -- Energy Operations Analyst 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. At the time of an October 2020 show cause order, Josco served residential and non-residential electric and gas customers in various territories It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021." The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. -- Retail Supplier 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. 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.'" NEW! 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]. email or post the website link; unauthorized copying, retransmission, or republication and 1.D. This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." 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. 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. HOME The required complaint data was also missing from the application package." NEW! Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. 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. Smart One Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, refers to an Attachment that now lists Joscos affiliates as Josco Energy MA, LLC, Josco Energy IL, LLC, and Josco Energy USA, LLC. These transfers shall occur on the customers regularly scheduled meter reading dates. 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. 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. 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. 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. Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." 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. 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. NEW! These transfers shall occur on the customers regularly scheduled meter reading dates. 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.'" NEW! NEW! NEW! 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. 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.' SunSea The required complaint data was also missing from the application package." "Starion is in the process of reviewing the Public Service Commissions Order to Show Cause and will respond accordingly." NEW! Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff. The final page of the RAAF that includes the attestation and signature is absent." Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." .' 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. NEW! 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. This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." Fairleigh Dickinson University. NEW Jobs on RetailEnergyJobs.com: 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. and 1.E. The list of all trade names used in other states, as required in Section 1.E., was marked 'N/A.' of the RAAF which, if proven to be the case, would be a violation of the UBP." -- New Product Strategy and Development Sr. NEW! In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. In response, Starion provided additional information on February 17, 2021. . The final page of the RAAF that includes the attestation and signature is absent." Email This Story NEW! -- Account Operations Manager -- Retail Supplier However, the complaints decreased notably only after Josco ceased marketing. Section 1.B. of the initial RAAF and Sections 1.D. 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." "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. 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. 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. 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. Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." -- Energy Advisor Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021." 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, "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. 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. and 1.D. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. Copyright 2010-21 Energy Choice Matters. 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. Section 1.B. 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. 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.' 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.' CPS owes Conoco $19.6 million, according to the lawsuit. 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 -- Sr. Analyst, Structuring -- Retail Supplier 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 -- Retail Supplier ; 20-M-0589; 20-M-0446 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. . The PSC stated in its order that, "Josco refers to its 'demonstrated commitment to compliance and customer service' with regard to its complaints in New York. In fact, Josco has demonstrated the opposite, as proven by the fact that the complaint types remained the same over the course of four years and the QRS responses were consistently insufficient during that time, even when Staff provided multiple notices of violations and deficiencies." 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 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.' and 1.E. 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.' The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. 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. The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." HOME of the RAAF which, if proven to be the case, would be a violation of the UBP. Section 1.B. Copyright 2010-21 Energy Choice Matters. 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. 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." prohibited. Starions response to Section 1.B. and 1.D. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021." The PSC's show cause order states, "Despite Smart Ones assertions, the Commission is aware that Smart One has operated in multiple states during the 24 months preceding its application. -- Energy Operations Analyst 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. NEW! 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