Section 14.06 - Complaint and Damage Claim Resolution; Penalties(1)Purpose and Scope.(a) Purpose. The purpose of 220 CMR 14.06 is to establish the complaint and dispute resolution procedures and associated penalties applicable to Customer complaints or damage claims between Retail Customers and Local Distribution Companies, Suppliers or Retail Agents.(b) Scope. 220 CMR 14.06 applies to all Local Distribution Companies, Suppliers and Retail Agents doing business in the Commonwealth.(2)Liability Claims. A Retail Customer may file a complaint with the Department alleging property damage under $ 100.00. The Department will refer any such complaints for mediation and/or arbitration. Any claims for damages will be resolved within 60 days from the date the claim was filed with the Department.(3)Unauthorized Initiation of Supplier Service Complaints.(a)Complaint Procedure.1. A Retail Customer may file a complaint with the Department stating that a Supplier or Retail Agent has initiated Supplier "Service. to the Retail Customer without first obtaining evidence of the Retail Customer's affirmative choice as defined in 220 CMR 14.04(4)(c). The complaint must be filed within 30 days after the statement date of a Bill or notice from the Local Distribution Company indicating that Supplier Service has been initiated by the Supplier or Retail Agent.2. Within ten business days of filing the complaint, the Retail Customer will receive from the Department a request asking for the following: a copy of the Retail Customer's Bill or notice that included the information regarding the initiation of Supplier Service; the name of the original Supplier or Retail Agent, if applicable; and any other information the Department deems relevant.3. The Retail Customer shall, within 15 business days of the Department's notifying the Retail Customer, respond to the Department's request for information.4. Within 15 business days of receiving the requested information from the Retail Customer, the Department will send the following: a. A letter to the Retail Customer acknowledging receipt of the information;b. A letter to the Local Distribution Company, original Supplier or Retail Agent informing it of the pending complaint and requesting that information relevant to the initiation of Supplier Service be furnished; andc. A letter informing the new Supplier or Retail Agent of the pending complaint, requesting evidence of the Retail Customer's affirmative choice as defined in 220 CMR 14.04(4)(c) to initiate Supplier Service, and requesting any additional information the Department deems relevant.5. The Distribution Company, original Supplier or Retail Agent and the new Supplier or Retail Agent shall respond to the Department's request within five business days from the issuance of said requests.6. Within 25 business days after receiving evidence of the Retail Customer's affirmative choice and all relevant information as required herein, the Department will determine if the Retail Customer authorized the new Supplier or Retail Agent to initiate Supplier Service.(b)Refunds. If the Department determines that the new Supplier or Retail Agent does not possess the required evidence of the Customer's affirmative choice as defined in 220 CMR 14.04(4)(c), and the new Supplier charged more than the original Supplier, the Department will require the new Supplier to refund the following:
1. To the Customer, the difference between what the Customer would have paid to the Local Distribution Company or previous Supplier and actual charges paid to the new Supplier;2. To the Customer, any reasonable expense the Customer incurred in switching back to the Local Distribution Company or original Supplier; and3. To the Local Distribution Company or original Supplier, the gross revenue the Local Distribution Company or original Supplier would have received from the Customer during the time the Customer received Supplier Service from the new Supplier.(4)Other Customer Complaints.(a) All other complaints brought by a Customer against a Local Distribution Company, Supplier or Retail Agent shall follow the procedures set forth in 220 CMR 25.02(4), except as provided in 220 CMR 14.06(4)(b).(b)Alternative Dispute Resolution.1. Each Local Distribution Company, Supplier or Retail Agent shall make available to Customers alternative dispute resolution procedures, including mediation, arbitration, facilitation or other dispute resolution procedures.2.Allegation of Unfair or Deceptive Trade Practice. Each Local Distribution Company, Supplier and Retail Agent shall submit to arbitration upon the request of a Customer alleging that an unfair or deceptive trade practice has occurred. The Department also will make a voluntary mediation process available to consenting parties.3. Alternative dispute resolution pursuant to 220 CMR 14.06(4)(b)(1) and (2) may only be requested after the Customer and Local Distribution Company, Supplier or Retail Agent have attempted to resolve the dispute pursuant to 220 CMR 25.02(4)(a).(5)Penalties. Each Local Distribution Company, Supplier or Retail Agent doing business in Massachusetts shall be subject to a range of sanctions for violations of the Department's regulations. Such sanctions may be imposed only following a hearing before the Department in conformance with M.G.L. c. 30A and 220 CMR 25.00. In the case of egregious misconduct or a pattern of misconduct, the Department may take decertification action against a Supplier or Retail Agent. Such action may result in the Supplier or Retail Agent being: (a) Required to notify existing and prospective Customers of probationary status;(b) Prohibited from signing up new Customers for a specified period of time; and/or(c) Subject to suspension, revocation or non-renewal of its license.