Consumer Protection. Solar Focus Moderator:

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1 Consumer Protection Solar Focus 2014 Moderator: Eric Hurlocker, GreeneHurlocker William Reisinger, VA Attorney General s Office Elizabeth Stern, MD Attorney General s Office Steven Eisenberg, SRECTrade

2 William Reisinger VA Attorney General s Office

3 THE CONSUMER PROTECTION ACT AND CONSUMER PROTECTION DIVISION Consumer Protection Division Office of the Attorney General 200 Saint Paul Place Baltimore, MD 21202

4 The Consumer Protection Act Maryland Code, Commercial Law Article Sections through Prohibits unfair or deceptive trade practices Unfair or deceptive trade practices include: Misrepresentations Omissions of important information Violations of various other statutory provisions designed to protect consumers Method of soliciting or selling (e.g., Door-to-Door Sales Act, Telephone Solicitation Act, Maryland Telephone Consumer Protection Act) Conduct during transaction (e.g., requiring telephone number in order to accept credit card, requesting credit card account number in order to accept check) Failure to register or obtain required licensure (e.g., home improvement contractor and salesperson licenses) Unfair practices

5 The Consumer Protection Act Maryland Code, Commercial Law Article Sections through Misrepresentations False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers Examples Price Availability of tax credits, local/state/federal grants, or rebates Amount of savings to be had as a result of installing a solar energy system Energy production capability of the solar energy system

6 The Consumer Protection Act Maryland Code, Commercial Law Article Sections through Misrepresentations Representation that: Goods or services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have A merchant has a sponsorship, approval, status, affiliation, or connection which he does not have Examples Suitability of a solar energy system for a consumer s house Home improvement contractor or salesperson license Professional certification and/or affiliation False relationship to government programs and/or energy regulators

7 The Consumer Protection Act Maryland Code, Commercial Law Article Sections through Omissions of Material Fact Failure to state a material fact if the failure deceives or tends to deceive Examples Potential unavailability or delay of tax credits, grants, or rebates Full price of the system Unavailability of space on electrical grid Factors that could impact energy generation by the solar energy system

8 The Consumer Protection Act Maryland Code, Commercial Law Article Sections through What is Advertising? Print promotions Brochures TV/Radio/Internet Telephone solicitations In-person sales presentations In short: Any statements made at any time you or anyone from your company interacts with consumers

9 The Consumer Protection Act Maryland Code, Commercial Law Article Sections through The CPA also prohibits Referral Sales Any general referral sales technique, plan, arrangement, or agreement by which a consumer is induced to purchase on the representation or promise of the seller that if the consumer provides the seller with the names of other prospective buyers, the consumer will receive a reduction in purchase price Cash rebate Commission Credit towards balance due Any other consideration

10 The Maryland Door-to-Door Sales Act Maryland Code, Commercial Law Article Sections through Door-to-Door Sales Sale, lease or rental of consumer goods or consumer services under single or multiple contracts with purchase prices of $25 or more, and Seller or his representative personally solicits the sale, including in response to or following an invitation by the buyer Buyer s agreement or offer to purchase occurs at place other than buyer s place of business

11 The Maryland Door-to-Door Sales Act Maryland Code, Commercial Law Article Sections through A violation of the Door-to-Door Sales Act is a violation of the Consumer Protection Act Must affirmatively, clearly and expressly reveal at time of initial contact with the prospective buyer: Seller s individual identity Trade name of entity Kind of goods and services being offered Provide identification reflecting identity, entity and business address Must give buyer a fully completed receipt or contract at the time of its execution Required notice of cancellation rights by signature line Must provide separate, completely executed Notice of Cancellation Must orally notify buyer at time of purchase of his right to cancel within 3 business days Cannot fail or refuse to honor any valid Notice of Cancellation

12 The Consumer Protection Act Maryland Code, Commercial Law Article Sections through Relief Available Under the CPA Restitution for consumers Civil Penalties Injunctions against individuals or companies Ex Parte Cease and Desist Order Final Order Damages Arbitration Voluntary arbitration of consumer disputes Mediation

13 Mediation Unit Hotline (410) Mediates general consumer complaints To file a complaint by mail: Send the complaint to: Consumer Protection Division, 200 Saint Paul Place, Baltimore, MD Attach copies of all relevant documents (keep the originals) To file a complaint over the Internet: Go to Click on the Quick Link on the right for File a Consumer Complaint and follow the instructions. Mediation Unit generally will Contact the business and try to resolve the concern in a manner that is acceptable to both parties; or Refer the complaint to an appropriate agency that can address the concern.

14 Consumer Protection Division Office of the Attorney General 200 Saint Paul Place Baltimore, MD 21202

15 Introduction For

16 Transaction & Management platform Since MW under management 10,000+ facilities under management 100% SREC focused Brokerage model

17 CLIENTS CORPORATE RESIDENTIAL & SMALL COMMERCIAL INSTALLERS & DEVELOPERS Electricity suppliers and institutional clients with systems above 250 kw Home owners and commercial systems smaller than 250 kw Turn-key SREC solutio ns for solar installers and developers

18 PRODUCTS & SERVICES BROKERAGE Spot transactions Structured forward solutions Monthly spot auctions SOFTWARE Onboarding with regulators & registries Tracking production & SRECs issued Executing & settling SREC transactions

19 Transparency

20 Steven Eisenberg Chief Executive Officer SRECTrade, Inc. 201 California St. Suite 630 San Francisco, CA P: (415)

21 Thanks to our sponsors!

22 Thanks to our sponsors!

23 Thanks to our sponsors!

24 Thanks to our sponsors!

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