42 U.S.C. § 16471 — Consumer privacy and unfair trade practices
submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 222 words · no verdicts yet
The Federal Trade Commission may make rules to protect electric consumers' privacy and to prohibit unauthorized changes of electric utility selection. It may also prohibit the sale of goods and services to an electric consumer unless the sale is expressly authorized by law or by the consumer. Stronger or equally protective state rules apply instead in that state.
(a) Privacy: The Federal Trade Commission* may issue rules protecting electric consumers' privacy from disclosure of consumer information obtained in connection with selling or delivering electric energy to electric consumers.
(b) Slamming: The Federal Trade Commission may issue rules prohibiting a change in the selection of an electric utility unless the electric consumer gives informed consent or the appropriate State* regulatory authority approves the change.
(c) Cramming: The Federal Trade Commission may issue rules prohibiting the sale of goods and services to an electric consumer unless the sale is expressly authorized by law or by the electric consumer.
(d) Rulemaking: When prescribing a rule under this section, the Federal Trade Commission must follow section 553 of title 5.
(e) State authority: If the Federal Trade Commission determines that a State's regulations provide equivalent or greater protection than this section, those State regulations apply in that State instead of the regulations issued by the Commission under this section.
(f) Definitions: For this section, "State regulatory authority" has the meaning given in section 796(21) of title 16. The terms "electric consumer" and "electric utility" have the meanings given in section 2602 of title 16.
The Federal Trade Commission* may issue rules protecting the privacy of electric consumers from the disclosure of consumer information obtained in connection with the sale or delivery of electric energy to electric consumers.
The Federal Trade Commission may issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer or if approved by the appropriate State* regulatory authority.
The Federal Trade Commission may issue rules prohibiting the sale of goods and services to an electric consumer unless expressly authorized by law or the electric consumer.
The Federal Trade Commission shall proceed in accordance with section 553 of title 5 when prescribing a rule under this section.
If the Federal Trade Commission determines that a State’s regulations provide equivalent or greater protection than the provisions of this section, such State regulations shall apply in that State in lieu of the regulations issued by the Commission under this section.
For purposes of this section:
The term “State regulatory authority” has the meaning given that term in section 796(21) of title 16.
The terms “electric consumer” and “electric utility” have the meanings given those terms in section 2602 of title 16.
Source credit: (Pub. L. 109–58, title XII, § 1287, Aug. 8, 2005, 119 Stat. 981.)
- 2005Enacted · Pub. L. 109-58 · 119 Stat. 981
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.
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