Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. 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
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."
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, "On December 8, 2020, Smart One filed an application, signed by the Chief Executive Officer (CEO) seeking to comply with the December 2019 Order.
The information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York." email or post the website link; unauthorized copying, retransmission, or republication
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Smart One
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.
With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations
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."
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."
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.
In response, Starion provided additional information on February 17, 2021.
and 1.E. 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
These transfers shall occur on the customers regularly scheduled meter reading dates.
The information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York.
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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. 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.
President and Chief Executive Officer at Josco Energy Monsey, New York, United States. 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.
-- Sr. Analyst, Structuring -- Retail Supplier
Section 1.B. 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. -- Senior Energy Intelligence Analyst
These transfers shall occur on the customers regularly scheduled meter reading dates. and 1.E.
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]. 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'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.
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 Product Strategy and Development Sr.
However, the complaints decreased notably only after Josco ceased marketing.
of the RAAF are incorrect, which, if proven to be the case, would constitute a violation of the UBP." -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston
At the time of an October 2020 show cause order, Josco served residential and non-residential electric and gas customers in various territories
Starions response to Section 1.B.
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.
of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank.
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. At the time of an October 2020 show cause order, Josco served residential and non-residential electric and gas customers in various territories
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."
The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged.
Consequences against Josco are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' and has failed to comply with the marketing standards of UBP 10.
-- Sr. Analyst, Structuring -- Retail Supplier
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.
Associate -- Retail Supplier -- DFW
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.
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. Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.'
Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP.
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'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.
Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses.
Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor."
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.'"
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.
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 PSC stated in its order that, "SunSea states that in response to the NOAF, SunSea denied the allegations against it and provided enrollment documentation.
"[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.
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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.' 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."
; 20-M-0589; 20-M-0446
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 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, "Josco filed a revised RAAF on April 15, 2021. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank.
-- Senior Energy Intelligence Analyst
of the RAAF are incorrect, which, if proven to be the case, 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."
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.
Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff."
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.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. SunSea
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. ", 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.'
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. 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.
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."
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Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses."
Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order
and 1.E.
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Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." 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." 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.
Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed.
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." 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.
Strengthened Lawsuit against ERCOT.
-- Energy Operations Analyst
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. NEW!
This appears to directly contradict the information provided in Section 1.C.
-- Senior Energy Intelligence Analyst
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