§512.120. In-person Solicitation

a)         An AGS sales agent shall state that the sales agent represents an independent seller of natural gas certified by the Illinois Commerce Commission who 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 AGS 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. [815 ILCS 505/2DDD(c)(2.3)]

 

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 AGS sales agent shall find another representative fluent in the customer's language, use an interpreter, or end the in-person contact with the customer. In the event the AGS sales agent, individually or through an interpreter, makes a sales solicitation in a language other than English for any reason, the AGS sales agent shall present the UDS, sales contract, and third-party verification in the same language as the sales presentation.  When an interpreter is used, a form consistent with Section 2N of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] must be completed. 

 

c)         AGS sales agents who engage in in-person solicitation for the purpose of selling natural gas offered by the AGS shall display identification on an outer garment.  This identification shall be visible at all times and prominently display the following:

 

1)         The AGS sales agent's full name in a reasonably sized font;

 

2)         A Sales Agent ID number;

 

3)         A photograph of the AGS sales agent; and

 

4)         The trade name and logo of the AGS the sales agent is representing in the course of solicitation taking place.

 

d)         The AGS sales agent shall leave the premises at the customer's, owner's or occupant's request.  In the absence of local ordinances or regulations, AGS and their sales 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 AGS sales agent shall, during the sales presentation to the customer, verbally disclose all items listed in Section 512.110(a) and (c) through (n) to the customer unless the sales presentation is terminated by the customer before the disclosures are completed.  A sales agent may disclose the items in any order, provided that all applicable items are explained to the customer before the agent obtains the customer’s utility account number.  However, an AGS 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 512.115 and Appendix A, along with an explanation that it is a summary of the contract terms, must be left with the customer at the conclusion of the visit unless a customer refuses to accept a copy.  Nothing in this subsection (f) prevents an AGS sales agent from providing the UDS electronically instead of in paper form to a customer upon that customer's request.  The AGS 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 AGS’ name and contact information, including telephone number.

 

g)         In-person solicitations that lead to an enrollment require a third-party verification (TPV).  The TPV shall be conducted in the same language that was used in the solicitation and shall include all of the items listed in Section 512.110(a) and (c) through (n).  Each disclosure must be made individually to obtain clear acknowledgement of each disclosure.  The AGS agent must be in a location where the agent cannot hear the customer while the TPV is conducted.  The AGS 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 one business day after the gas utility's confirmation to the AGS of an accepted enrollment.

 

i)          The AGS 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.  However, an AGS 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 AGS at that building or premises.

 

j)          The AGS sales agent must 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 AGS shall not conduct any further marketing to that customer until the customer requests to receive further marketing.  The AGS shall notify its agents of the customer’s request not to be solicited.