Potentia Energy (“Potentia”) is respectfully submitting for your
review the following timeline and attachments in reference to complaint #[redacted]
received on [redacted]
at [redacted] PM.
Timeline
On September 9,
[redacted], a sales...
representative contracted by Potentia to sell residential
electric products visited [redacted]’s home at [redacted]
TX, [redacted], and received consent to discuss service options with Potentia
Energy. **. [redacted] successfully completed a third-party verification call to
verify his enrollment with Potentia Energy, pursuant to Substantive Rule
25.475(f)(3). This third-party verification recording is attached in this
response. During this verification call, **. [redacted] confirmed that he agreed to
be switched to Potentia Energy and to enroll for the Potentia Green Power
product. In the TPV call, **. [redacted] agreed to the 24-month plan with a fixed
energy charge of [redacted]9 c/kWh and pass-through transmission and distribution service
provider ("TDSP") charges, which corresponds with the EFL that was
provided to **. [redacted] by his sales representative. **. [redacted] was also informed
and agreed to in the TPV call that Potentia Energy is not responsible for Early
Termination Fees ("ETF") from his previous electric provider, and he
was also informed that if he switched away from Potentia Energy prior to
completing his contracted term, he would be assessed an ETF from Potentia
unless he notified Potentia that he was moving to a new location or he received
a notice of contract expiration from Potentia. Potentia's sales representative
provided **. [redacted] the contract documents associated with his plan, including his
Terms of Service ("TOS"), which explained how to exercise the right
of rescission, an Electricity Facts Label ("EFL"), which explained
the product structure, and a Your Rights as a Customer ("YRAC")
document. **. [redacted] agreed that he had received these contract documents in his
TPV call. These contract documents are provided in this response. On [redacted],
[redacted] began flowing with Potentia.On [redacted],
[redacted] contacted Potentia via email ([email protected]) disputing TDSP charges.On [redacted],
[redacted], a Potentia supervisor replied to [redacted]’s email and provided and
explanation of the TDSP charges. The supervisor also attached the recorded TPV
call completed by [redacted], in which he acknowledged and agreed to the TDSP
charges.On [redacted],
[redacted] replied to the supervisor’s email claiming she was never
told there would be TDSP charges and that she would only be paying only [redacted]9
cents per kilowatt. She also requested information on the bundled plan rate.On [redacted],
[redacted], the Potentia supervisor replied to [redacted]’s email and provided her the
bundled plan rate.On [redacted],
[redacted] replied to the supervisor’s email stating she would not have
signed up with Potentia had she known about the TDSP charge. She also stated
the bundled rate was higher than what she was paying with her previous
provider.On [redacted],
[redacted], the Potentia supervisor replied to [redacted]’s email and
provided an example using the customer’s current bill of what the bundled rate
would look like. On [redacted],
[redacted] replied to the supervisor email requesting to bundle her
bill.On [redacted],
[redacted], Potentia received a Revdex.com inquiry on behalf of the customer. During the
verification call, [redacted] was asked to confirm whether he wanted to
switch to Potentia, to which he stated yes and gave his authorization.
Additionally, **. [redacted] acknowledged and agreed to pay additional fees
including the Transmission Distribution Service Provider (TDSP) charges. As a
part of the verification process, **. [redacted] provided personal information such
as the customer's date of birth and the customer's social security number to
initiate an enrollment for service with a new provider. During the TPV call,
the customer agreed that Potentia was not responsible for any ETFs that may be
assessed by their previous electricity provider. Moreover, **. [redacted] was
provided contract documents by his sales representative, which included an EFL
that described his product in more detail, which he confirmed he had received. Potentia's
representatives and employees are thoroughly trained on rules, regulations, and
Potentia's code of conduct. Potentia has constructed all documents, notices,
and processes to be legally compliant, transparent and easy-to-understand to
assure clarity for our customers. As Potentia does not record in-person
sales transactions, Potentia can only provide information about the recorded
third-party verification and the documents that accompanied the verification.
While Potentia is unable to validate [redacted]’s claims that the
sales representative provided information contrary to what was provided in
Potentia's verification call and documents, Potentia can understand that there
may be instances in which interpretations of in-person sales interactions can
vary, therefore Potentia Energy would like to oblige the customer’s request to change
the customer’s plan into a bundled rate at [redacted] cents per kilowatt, which
includes fixed TDSP charges. Currently, Potentia does not offer a bundled rate
at [redacted]9 cents per kilowatt including TDSP charges. If **. [redacted] is not
satisfied with this option, as a gesture of goodwill, Potentia Energy is
willing to waive the Early Termination Fee associated with his contract, so
that he may return to his previous provider without penalty. Potentia believes
that the actions described above satisfy the customer's request.
Per Substantive
Rule §25.480 (l), Potentia is not aware of a switch-hold due to average payment
plan or deferred payment plan at the customer's premise. Also per the
request in your email and Substantive Rule §25.126 (g), Potentia is not aware
of a switch-hold due to tampering at the customer's premise.
If any additional
information or documentation is required to support your investigation, please
contact me directly; I would be glad to assist you.
Respectfully and
Best Regards,
Potentia Energy
Attachments
Complaint
response. Third party
verification recording.Copies of
contract documents (Terms of Service, YRAC, and EFL).
Dear Complaint
Resolution Coordinator:
Potentia Energy (“Potentia”) is respectfully submitting for your
review the following timeline and attachments in reference to complaint #[redacted]
received on [redacted]
at [redacted] PM.
Timeline
On September 9,
[redacted], a sales...
representative contracted by Potentia to sell residential
electric products visited [redacted]’s home at [redacted]
TX, [redacted], and received consent to discuss service options with Potentia
Energy. **. [redacted] successfully completed a third-party verification call to
verify his enrollment with Potentia Energy, pursuant to Substantive Rule
25.475(f)(3). This third-party verification recording is attached in this
response. During this verification call, **. [redacted] confirmed that he agreed to
be switched to Potentia Energy and to enroll for the Potentia Green Power
product. In the TPV call, **. [redacted] agreed to the 24-month plan with a fixed
energy charge of [redacted]9 c/kWh and pass-through transmission and distribution service
provider ("TDSP") charges, which corresponds with the EFL that was
provided to **. [redacted] by his sales representative. **. [redacted] was also informed
and agreed to in the TPV call that Potentia Energy is not responsible for Early
Termination Fees ("ETF") from his previous electric provider, and he
was also informed that if he switched away from Potentia Energy prior to
completing his contracted term, he would be assessed an ETF from Potentia
unless he notified Potentia that he was moving to a new location or he received
a notice of contract expiration from Potentia. Potentia's sales representative
provided **. [redacted] the contract documents associated with his plan, including his
Terms of Service ("TOS"), which explained how to exercise the right
of rescission, an Electricity Facts Label ("EFL"), which explained
the product structure, and a Your Rights as a Customer ("YRAC")
document. **. [redacted] agreed that he had received these contract documents in his
TPV call. These contract documents are provided in this response. On [redacted],
[redacted] began flowing with Potentia.On [redacted],
[redacted] contacted Potentia via email ([email protected]) disputing TDSP charges.On [redacted],
[redacted], a Potentia supervisor replied to [redacted]’s email and provided and
explanation of the TDSP charges. The supervisor also attached the recorded TPV
call completed by [redacted], in which he acknowledged and agreed to the TDSP
charges.On [redacted],
[redacted] replied to the supervisor’s email claiming she was never
told there would be TDSP charges and that she would only be paying only [redacted]9
cents per kilowatt. She also requested information on the bundled plan rate.On [redacted],
[redacted], the Potentia supervisor replied to [redacted]’s email and provided her the
bundled plan rate.On [redacted],
[redacted] replied to the supervisor’s email stating she would not have
signed up with Potentia had she known about the TDSP charge. She also stated
the bundled rate was higher than what she was paying with her previous
provider.On [redacted],
[redacted], the Potentia supervisor replied to [redacted]’s email and
provided an example using the customer’s current bill of what the bundled rate
would look like. On [redacted],
[redacted] replied to the supervisor email requesting to bundle her
bill.On [redacted],
[redacted], Potentia received a Revdex.com inquiry on behalf of the customer. During the
verification call, [redacted] was asked to confirm whether he wanted to
switch to Potentia, to which he stated yes and gave his authorization.
Additionally, **. [redacted] acknowledged and agreed to pay additional fees
including the Transmission Distribution Service Provider (TDSP) charges. As a
part of the verification process, **. [redacted] provided personal information such
as the customer's date of birth and the customer's social security number to
initiate an enrollment for service with a new provider. During the TPV call,
the customer agreed that Potentia was not responsible for any ETFs that may be
assessed by their previous electricity provider. Moreover, **. [redacted] was
provided contract documents by his sales representative, which included an EFL
that described his product in more detail, which he confirmed he had received. Potentia's
representatives and employees are thoroughly trained on rules, regulations, and
Potentia's code of conduct. Potentia has constructed all documents, notices,
and processes to be legally compliant, transparent and easy-to-understand to
assure clarity for our customers. As Potentia does not record in-person
sales transactions, Potentia can only provide information about the recorded
third-party verification and the documents that accompanied the verification.
While Potentia is unable to validate [redacted]’s claims that the
sales representative provided information contrary to what was provided in
Potentia's verification call and documents, Potentia can understand that there
may be instances in which interpretations of in-person sales interactions can
vary, therefore Potentia Energy would like to oblige the customer’s request to change
the customer’s plan into a bundled rate at [redacted] cents per kilowatt, which
includes fixed TDSP charges. Currently, Potentia does not offer a bundled rate
at [redacted]9 cents per kilowatt including TDSP charges. If **. [redacted] is not
satisfied with this option, as a gesture of goodwill, Potentia Energy is
willing to waive the Early Termination Fee associated with his contract, so
that he may return to his previous provider without penalty. Potentia believes
that the actions described above satisfy the customer's request.
Per Substantive
Rule §25.480 (l), Potentia is not aware of a switch-hold due to average payment
plan or deferred payment plan at the customer's premise. Also per the
request in your email and Substantive Rule §25.126 (g), Potentia is not aware
of a switch-hold due to tampering at the customer's premise.
If any additional
information or documentation is required to support your investigation, please
contact me directly; I would be glad to assist you.
Respectfully and
Best Regards,
Potentia Energy
Attachments
Complaint
response. Third party
verification recording.Copies of
contract documents (Terms of Service, YRAC, and EFL).