The PSC stated in its order that, "SunSea states that 'this unfortunate circumstance is not due to willful noncompliance, but rather the rogue actions of marketing vendors. Section 1.D., which lists all states in which the company has operated during the last 24 months, refers to another attachment that states Starion serves customers in New York and Ohio, and is licensed in Michigan and Indiana. 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. Over the weekend, Houston attorney Tony Buzbee filed a lawsuit suing the ERCOT and energy provider Entergy for a total of $100 million on behalf of a family whose son died during forced outages. Associate -- Retail Supplier -- DFW Greg Abbott, is suing O'Rourke over his criticism of the windfall profits that Warren's company made after the 2021 winter storm . -- Energy Operations Analyst At the time of an October 2020 show cause order, Josco served residential and non-residential electric and gas customers in various territories NEW! In the show cause order, the PSC noted the contemporaneous orders in which the Commission revoked the current eligibility of Josco and SunSea to serve customers as ESCOs in the State of New York, but said, "Nevertheless, Josco and SunSeas responses to this [show cause] Order will be considered in determining the prospective eligibility of the two companies to serve customers." In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' . An incomplete response was also provided with respect to the complaint data, which only included the number of complaints each month for New York and Ohio." ; 20-M-0589; 20-M-0446 The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. 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. NEW! Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." 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." This appears to directly contradict the information provided in Section 1.C. 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. 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." Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston 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. Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." 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." The information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York." Staffs review of the sales calls found that the majority of the agents spoke very quickly and merely completed the script and connected the customer to the TPV. of the initial RAAF and Sections 1.D. 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. 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. 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 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. Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. Smart One Josco Energy 200 Route 17 South, Suite 200c Mahwah, NJ 07430 P:201.510.0688 x 108 F:516.299.6045 Ellie@JoscoEnergy.com Issues related to customers: Chani Kaufman Josco Energy Address: 200 Route 17S, Suite 200C, Mahwah, NJ 07430 Phone: 201-510-0688 x 103 Fax: 516-299-6045 E-mail: chani@joscoenergy.com Technical and other issues: Marc Reichmann NEW! 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. NEW! 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 has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. ADVERTISEMENT Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. 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. NEW! Associate -- Retail Supplier -- DFW prohibited. NEW! The PSC stated in its order that, "SunSea states that 'this unfortunate circumstance is not due to willful noncompliance, but rather the rogue actions of marketing vendors. Similarly, the required complaint data was not included with the application package documents. The list of all trade names used in other states, as required in Section 1.E., was marked 'N/A.' Associate -- Retail Supplier -- DFW The list of all trade names used in other states, as required in Section 1.E., was marked 'N/A.' In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. of both the initial and revised RAAFs. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." ; 20-M-0589; 20-M-0446 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. -- Retail Supplier 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." of the initial RAAF and Sections 1.D. 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 information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York." The PSC's show cause order states, "The fact that Josco has affiliates operating in multiple states appears to directly contradict the information provided in Section 1.B. This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." NEW! ADVERTISEMENT Pink Energy filed a lawsuit against that company. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. and 1.E. The PSC's show cause order states, "On November 18, 2020, Josco filed an application, signed by the Vice President of Operations, seeking to comply with the December 2019 Order. 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 directly contradict the information provided in Section 1.C. NEW! If you wish to share this story, please -- Energy Operations Analyst The final page of the RAAF that includes the attestation and signature is absent." 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. The OTSC directed Josco to provide four pieces of information pertaining to the 13 listed complaint cases, including: enrollment documentation, disconnect dates, cost analysis, and refund information. In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. NEW! -- Account Operations Manager -- Retail Supplier The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." 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. Cases 15-M-0127, et al. 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." CNN Texas' attorney general filed a lawsuit against Griddy Energy and Griddy Holdings for "false, misleading, and deceptive advertising and marketing practices" after the company sent. NEW Jobs on RetailEnergyJobs.com: SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. NEW! and 1.D. email or post the website link; unauthorized copying, retransmission, or republication 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. NEW! 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.' 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. -- Retail Supplier In fact, Josco has demonstrated the opposite, as proven by the fact that the complaint types remained the same over the course of four years and the QRS responses were consistently insufficient during that time, even when Staff provided multiple notices of violations and deficiencies." 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. -- Senior Energy Intelligence Analyst SunSea NEW! The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. NEW! ADVERTISEMENT Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. We find that after months of similar complaints without corrective action, the noncompliance became willful. and 1.E. These transfers shall occur on the customers regularly scheduled meter reading dates. Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. ST. LOUIS (KMOV) -- The Missouri Attorney General's Office has filed a lawsuit against a company News 4 Investigates recently shined its spotlight on. Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. prohibited. 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. If you wish to share this story, please With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order ADVERTISEMENT 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." 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. 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 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. NEW! ADVERTISEMENT 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. Because Josco has had a significant history of complaints and enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process. With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order The PSC's show cause order states, "On November 17, 2020, Starion filed an application, signed by Starions Chief Operating Officer (COO), seeking to comply with the December 2019 Order. 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! Cases 15-M-0127, et al. email or post the website link; unauthorized copying, retransmission, or republication ; 20-M-0589; 20-M-0446 Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' 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." -- Energy Operations Analyst -- Senior Energy Intelligence Analyst of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' 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