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Complaint Of Jason Godard Against Save On Energy, LLC
Mr. Godard alleges that Save on Energy misled him into entering a three-year contract for electricity service. Mr. Godard claims that Save on Energy’s oral communications regarding rates violated 16 TAC § 25.486(d)(1) and that his verbal confirmation to the rates was elicited by deception. On September 25,2023, Save on Energy filed a motion to dismiss.
Save on Energy argues that Mr. Godard’ s complaint should be dismissed for failure to state a claim for which relief can be granted and for good cause shown. Save on Energy relies on a December 27,2022 recording between Mr. Godard and a brokerage services representative in support of its position and argues that the recording affirmatively demonstrates that Save on Energy did not misrepresent rates to Mr. Godard.
Commission Staff recommended Save on Energy’s motion to dismiss be denied and requested referral to the State Office of Administrative Hearings for a hearing on the merits. Commission Staff reviewed the December 27,2022 recording and believes a question of fact exists as to whether the oral communications from Save on Energy to Mr. Godard were misleading or deceptive. Commission Staff asserts there is “a claim for which relief may be granted, and a cognizable claim for violation under 16 TAC § 25.486(d)(1).
Having considered the parties’ arguments, the ALJ finds that good cause does not exist to dismiss the complaint under 16 TAC § 22.181(d)(11).
Why to watch this one?
The issue is that Save On Energy’s motion to dismiss was based on telephone records in which Goddard was specifically quoted the rate range he was charged, and it is consistent with the EFL. Nevertheless, the motion was denied. If the allegations Save On made in the motion are true, it could be that telephonic verification calls, while allowed by the rules, may not be sufficient to beat a customer complaint in the future.
Order No. 7 – Denying Motion To Dismiss (03/15/2024)
Commission Staff’s Statement Of Position (10/11/2023)
Complaint (08/21/2023) |55389 (08/21/2023)
