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PUC Adopts ALJ Recommendation To Deny Formal Customer Complaint Against REP Alleging REP Wrongfully Denied Service By Requiring Customer To Submit Personal Data To 3rd Party Vendor As Part Of Enrollment Process
Dockets:
57929
Category: Texas
Excerpts from the Texas Public Utilities Commission Order:
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- “On April 7,2025, Mr. Verde filed the formal complaint at issue in this proceeding alleging that Southern Federal Power wrongfully denied him service by requiring him to submit his personal data to Persona, a third-party vendor used by Southern Federal Power to ensure the security of his account during Southern Federal Power’s enrollment process.
- Mr. Verde did not complete the enrollment process and never has received electric service from Southern Federal Power.
- Mr. Verde alleges that it was discriminatory or may be discriminatory for Southern Federal Power to require him to submit personal data to a third-party vendor such as Persona.
- Mr. Verde alleges that Southern Federal Power subjected him to the risk of possible security breaches and wrongful profiteering from selling potential customers’ personal information to Persona.
- Mr. Verde seeks monetary damages because he alleges he now pays higher rates with another electric provider than he would have had he become a customer of Southern Federal Power.
- Mr. Verde’s complaint should be dismissed, under 16 TAC § 22.181(d)(11), because Mr. Verde did not plead facts demonstrating that he has standing to bring his complaint. Mr. Verde’s alleged injuries pertaining to discrimination, exposure to security breaches, and Southern Federal Power’s profiteering from the sale of customer information are hypothetical.
- Because Mr. Verde’s complaint should be dismissed, under 16 TAC § 22.181(d)(8) and (d)(11), it is unnecessary to address Commission Staff s motion to dismiss under 16 TAC § 22.181(d)(2).
III. Ordering Paragraphs
In accordance with these findings of fact and conclusions of law, the Commission issues the following orders.
- The Commission adopts the proposal for decision, including findings of fact and conclusions of law, to the extent provided by this Order.
- The Commission dismisses Mr. Verde’s complaint against Southern Federal Power, without prejudice, for failure to state a claim for which relief can be granted, and for other good cause shown.
- The Commission denies all other motions and any other requests for general or specific relief, i f not expressly granted.” {***}
Order (10/02/2025)
57929
(Complaint Of Joshua Verde Against Southern Federal Power, LLC)
