Section 412.120  In-person Solicitation

a)         An ARES sales agent shall state that the agent represents an independent seller of electric power and energy service certified by the Illinois Commerce Commission and is not employed by, representing, endorsed by, or acting on behalf of, a utility or a utility program, a consumer group or consumer group program, unless the ARES is, through the consumer group, offering services at prices, terms, and conditions that are available solely to members of that organization, or a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements.

b)         When it would be apparent to a reasonable person that a customer's language skills in the language used for the solicitation are insufficient to allow the customer to understand and respond to the information conveyed by the agent in that language, or when the customer or another person informs the agent of this circumstance, the ARES sales agent shall find another representative fluent in the customer's language, use an interpreter, or terminate the in-person contact with the customer. If the ARES sales agent, individually or through an interpreter, makes a sales solicitation in a language other than English for any reason, the ARES sales agent shall present the UDS, sales contract, and third-party verification in the same language as the sales presentation.  When the use of an interpreter is necessary, a form consistent with Section 2N of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] must be completed.

c)         ARES sales agents who engage in in-person solicitation to sell electric power and energy service offered by the ARES shall display identification on an outer garment. This identification shall be visible at all times and prominently display the following:

1)         The ARES sales agent's full name in reasonable size font;

2)         An ARES sales agent ID number;

3)         A photograph of the ARES sales agent; and

4)         The trade name and logo of the ARES the sales agent is representing. If the agent is selling electric power and energy services from multiple ARES to the customer, the identification shall display the trade name and logo of the agent, broker or consultant entity as that entity is defined in Section 16-115C of the Act.

d)         The ARES sales agent shall leave the premises at the customer's, owner's or occupant's request.  In the absence of local ordinances or regulations, ARES and their agents shall not conduct in-person solicitation at residential dwellings before 9:00 a.m. and after 7:00 p.m. or civil dusk, whichever is earlier.

e)         The ARES sales agent shall, during the sales presentation to the customer, verbally disclose the items listed in Section 412.110(a) and (c) through (n) to the customer unless the sales presentation is terminated by the customer before the disclosures are completed. An ARES sales agent may disclose the items in any order, provided that all applicable items are explained to the customer prior to the agent obtaining the customer’s utility account number.  An ARES may secure consent to obtain customer-specific usage information for the purposes of pricing a product through a verifiable customer consent or another Commission-approved process.

f)         A copy of the UDS described in Section 412.115 and Appendix A is to be left with the customer at the conclusion of the visit, with an explanation that it is a summary of the contract terms, unless a customer refuses to accept a copy. Nothing in this subsection (f) prevents an ARES sales agent from providing the UDS electronically instead of in paper form to a customer upon that customer's request.   The ARES sales agent shall also offer, at the time of the initiation of the solicitation, a business card or other material that lists the agent's name, identification number and title, and the ARES' name and contact information, including telephone number.

g)         In-person solicitations that lead to an enrollment require a Letter of Agency or a third-party verification (TPV). The Letter of Agency or TPV shall be conducted in the same language that was used in the solicitation and shall include all of the items listed in Section 412.110(a) and (c) through (n). Each disclosure must be made individually to obtain clear acknowledgement of each disclosure. The ARES sales agent must be in a location where the agent cannot hear the customer while the TPV is conducted. The ARES shall not approach the customer after the TPV for a period of 24 hours unless contacted by the customer.

h)         The contract shall be sent to the customer within three business days after the electric utility's confirmation to the ARES of an accepted enrollment.

i)          The ARES sales agent shall not conduct any in-person solicitations at any building or premises where any sign, notice or declaration of any description whatsoever is posted that prohibits sales, marketing or solicitations; provided, however, that an ARES sales agent may meet with representatives of a small commercial customer and conduct an in-person solicitation at a building or premises where such a notice is posted if an authorized representative of the small commercial customer has previously scheduled an appointment to meet with an agent of the ARES at the building or premises.

j)          The ARES sales agent shall obtain consent to enter multi-unit residential dwellings. Consent obtained to enter a multi-unit dwelling from one prospective customer or occupant of the dwelling shall not constitute consent to market to any other prospective customers in the dwelling without separate consent.

k)         Upon a customer's request, the ARES shall not conduct any further marketing to that customer until the customer requests to receive further marketing. The ARES shall notify its agents of a customer's request.

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)