These transfers shall occur on the customers regularly scheduled meter reading dates. The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. NEW! The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania. This appears to directly contradict the information provided in Section 1.C. NEW! 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." 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. -- Retail Supplier The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. NEW! At the time of an October 2020 show cause order, Josco served residential and non-residential electric and gas customers in various territories 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.' Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. NEW! -- Retail Supplier Smart One Cases 15-M-0127, et al. 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." -- Energy Operations Analyst This appears to directly contradict the information provided in Section 1.C. 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. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. -- Account Operations Manager -- Retail Supplier of the RAAF are incorrect, which, if proven to be the case, would constitute a violation of the UBP." 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. 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. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations Cases 15-M-0127, et al. NEW! If you wish to share this story, please 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. Starion provided the following statement concerning the matter: 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. 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. "[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 'this unfortunate circumstance is not due to willful noncompliance, but rather the rogue actions of marketing vendors. -- Sr. Analyst, Structuring -- Retail Supplier 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." These transfers shall occur on the customers regularly scheduled meter reading dates. As part of its review, Staff contacted a representative at the customer service number that Josco listed on its RAAF, and was informed by the representative that Josco does in fact operate in multiple states." 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." 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. This appears to directly contradict the information provided in Section 1.C. of both the initial and revised RAAFs. If you wish to share this story, please Copyright 2010-21 Energy Choice Matters. "[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. 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 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 stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" 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. -- Sr. Analyst, Structuring -- Retail Supplier 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." -- Sales Development Representative (SDR) -- 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. NEW! 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.' prohibited. 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.' Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. 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 required complaint data was also missing from the application package." Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021." Copyright 2010-21 Energy Choice Matters. NEW! HOME 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. -- Energy Operations Analyst 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! It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" .' The PSC said that it found Sunsea's response to the 2020 show cause order "unconvincing" and stated in its new order that, " The Commission finds that SunSea 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]. 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. Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." 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. Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. -- Energy Advisor The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. and 1.E. 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." Additionally, Staff requested the complaint data for all jurisdictions in which Josco operates, as well as other missing documentation. 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." 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." 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. of the initial RAAF and Sections 1.D. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations 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. 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.' NEW! 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 PSC said that it found Sunsea's response to the 2020 show cause order "unconvincing" and stated in its new order that, " The Commission finds that SunSea 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]. prohibited. 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." JEC is in the business of providing gas and electricity solution services to homes and businesses throughout 2. Email This Story 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. -- Energy Advisor 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. The final page of the RAAF that includes the attestation and signature is absent." 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. In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. 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. 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. ADVERTISEMENT Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. 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." of the RAAF which, if proven to be the case, would be a violation of the UBP." NEW Jobs on RetailEnergyJobs.com: Starion 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. 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. "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. The required complaint data was also missing from the application package." Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." If you wish to share this story, please SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. HOME ; 20-M-0589; 20-M-0446 Section 1.E., which lists all trade names used in other states, continues to be marked 'N/A' despite its affiliates activities beyond New York. This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' 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.' NEW! 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. Starion provided the following statement concerning the matter: NEW Jobs on RetailEnergyJobs.com: The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." Email This Story -- New Product Strategy and Development Sr. 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." 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. of the RAAF which, if proven to be the case, would be a violation of the UBP." NEW! 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.'" Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said -- Senior Energy Intelligence Analyst and 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." Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." 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. .' NEW Jobs on RetailEnergyJobs.com: "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. These facts appears [sic] to directly contradict the information provided in Sections 1.C. NEW! The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. 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. In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. 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. President and Chief Executive Officer at Josco Energy Monsey, New York, United States. -- Retail Supplier The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. SunSea 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. Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" 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. prohibited. 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. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston -- Account Operations Manager -- Retail Supplier The OTSC directed Josco to provide four pieces of information pertaining to the 13 listed complaint cases, including: enrollment documentation, disconnect dates, cost analysis, and refund information. 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 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." NEW! Section 1.B. Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." 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. 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. The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania. ADVERTISEMENT 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 The New York PSC has issued separate orders revoking the ESCO eligibility of Josco Energy Corp ("Josco") and SunSea Energy, LLC ("SunSea"). Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' 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." NEW! If you wish to share this story, please 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." "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. ADVERTISEMENT ADVERTISEMENT NEW! -- Sr. Analyst, Structuring -- Retail Supplier -- Retail Supplier 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." Starions response to Section 1.B. NEW! -- Sales Development Representative (SDR) -- Houston of the RAAF which, if proven to be the case, would be a violation of the UBP." 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 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. 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. 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." NEW! -- New Product Strategy and Development Sr. 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 NEW Jobs on RetailEnergyJobs.com: . If you wish to share this story, please NEW! 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. Josco 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 required complaint data was also missing from the application package." 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