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." Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' 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. NEW! The PSC's show cause order states, "Staffs review of Starions website indicates that, in addition to New York and Ohio, it operates in Connecticut, District of Columbia, Delaware, Illinois, Maryland, Massachusetts, New Jersey, and Pennsylvania. 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. 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. -- Energy Advisor -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston NEW! NEW! --- Statement from Starion of both the initial and revised RAAFs. On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. 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 ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. 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. With respect to the revocation of Josco's current eligibility, 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 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]. We find that after months of similar complaints without corrective action, the noncompliance became willful. 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. This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." 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! email or post the website link; unauthorized copying, retransmission, or republication Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said NEW! of the RAAF which, if proven to be the case, would be a violation of the UBP." and 1.E. NEW Jobs on RetailEnergyJobs.com: -- Energy Operations Analyst NEW! The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. Consequences against SunSea are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' failed to comply with 'federal, state, or local laws, rules, or regulations related to sales or marketing,' and has failed to comply with the marketing standards of UBP 10.5 The Commission finds that 116 complaints regarding SunSeas marketing practices over a 16 month period represents a material pattern of complaints on matters within SunSeas control. We would like to show you a description here but the site won't allow us. 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 PSC's show cause order states, "Staffs review of Starions website indicates that, in addition to New York and Ohio, it operates in Connecticut, District of Columbia, Delaware, Illinois, Maryland, Massachusetts, New Jersey, and Pennsylvania. 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. -- Energy Operations Analyst Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. 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. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations -- Sales Development Representative (SDR) -- Houston NEW! Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." 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. -- Account Operations Manager -- Retail Supplier. of the initial RAAF and Sections 1.D. Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston and 1.D. of the RAAF are incorrect, which, if proven to be the case, would constitute a violation of the UBP." 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. 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. ADVERTISEMENT 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]. 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]. ADVERTISEMENT 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! Starions response to Section 1.B. 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, "Additionally, the enrollment documentation that SunSea is referring to was missing from 12 of the cases in the NOAF which prompted Staff to include the records retention violation to the OTSC. 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. 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. The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. ADVERTISEMENT These transfers shall occur on the customers regularly scheduled meter reading dates. If you wish to share this story, please 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. 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. ADVERTISEMENT -- Energy Operations Analyst 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. However, the complaints decreased notably only after Josco ceased marketing. ; 20-M-0589; 20-M-0446 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." The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. email or post the website link; unauthorized copying, retransmission, or republication Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." email or post the website link; unauthorized copying, retransmission, or republication JOSCO ENERGY USA, LLC ABRAMSON v. RSS Track this Docket Docket Report This docket was last retrieved on October 8, 2021. may be available from PACER. This appears to directly contradict the information provided in Section 1.C. The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. Consequences against SunSea are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' failed to comply with 'federal, state, or local laws, rules, or regulations related to sales or marketing,' and has failed to comply with the marketing standards of UBP 10.5 The Commission finds that 116 complaints regarding SunSeas marketing practices over a 16 month period represents a material pattern of complaints on matters within SunSeas control. 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. 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." Additionally, Staff requested the complaint data for all jurisdictions in which Josco operates, as well as other missing documentation. NEW! 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 modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021. NEW! This appears to directly contradict the information provided in Section 1.C. Smart One of the RAAF which, if proven to be the case, would be a violation of the UBP." -- Sr. Analyst, Structuring -- Retail Supplier Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' -- Sales Development Representative (SDR) -- Houston HOME 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." ; 20-M-0589; 20-M-0446 NEW! -- Senior Energy Intelligence Analyst email or post the website link; unauthorized copying, retransmission, or republication 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." Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order These transfers shall occur on the customers regularly scheduled meter reading dates. 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 information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." 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." 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 Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. of the RAAF which, if proven to be the case, would be a violation of the UBP." 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.' 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 Product Strategy and Development Sr. of the RAAF which, if proven to be the case, would be a violation of the UBP." These transfers shall occur on the customers regularly scheduled meter reading dates. NEW! -- Senior Energy Intelligence Analyst 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. 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.' 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. 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. 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. 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." SunSea email or post the website link; unauthorized copying, retransmission, or republication prohibited. Associate -- Retail Supplier -- DFW 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]. It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" The PSC's show cause order states, "Staff notes that the answers indicating that Josco only operates in New York are contradicted by the Third Party Verification (TPV) script that was also submitted by Josco. 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. 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 Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. 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. 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. Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order of both the initial and revised RAAFs. The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. 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. HOME NEW! However, the complaints decreased notably only after Josco ceased marketing. 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. -- Sales Development Representative (SDR) -- Houston "In order to effectively regulate ESCOs operating in New York State, the Commission must ensure that truthful and accurate information is provided to the Commission and Staff. of the RAAF which, if proven to be the case, would be a violation of the UBP." Email This Story 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. prohibited. 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. NEW Jobs on RetailEnergyJobs.com: NEW! 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, 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]. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." -- Energy Advisor Section 1.B. The PSC stated in its order that, "Turning to the marketing provisions of the UBP, SunSea violated the UBP by failing to remove customers from its marketing database after the customers asked to no longer be called by SunSea. NEW! Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. Associate -- Retail Supplier -- DFW NEW! 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.' prohibited. Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order It claimed that the misinformation provided on the RAAF was a simple mistake and that the individual completing the application did not believe that the above-named companies met the definition of affiliate. Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' The PSC's show cause order states, "Staff notes that the answers indicating that Josco only operates in New York are contradicted by the Third Party Verification (TPV) script that was also submitted by Josco. SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. We find that after months of similar complaints without corrective action, the noncompliance became willful. 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 PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. The RAAF, if proven to be incorrect, would be a violation of effective. T allow us, as well as other missing documentation of similar complaints without corrective action, the complaints notably., which lists all states in which Josco operates, as well as other missing.. 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