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This entry was published on 2021-12-10
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Prohibition of utilities engaging in detrimental conduct towards a residential customer
Public Service (PBS) CHAPTER 48, ARTICLE 2
§ 53-a. Prohibition of utilities engaging in detrimental conduct
towards a residential customer. 1. A utility corporation or
municipality, or energy services companies subject to the department's
uniform business practices and section three hundred forty-nine and
three hundred forty-nine-d of the general business law, also known as
ESCOs, shall not engage in any conduct the natural consequence of which
is to harass, oppress, or abuse any residential customer in connection
with the handling of a residential customer complaint, the offering
and/or negotiating of a deferred payment agreement, or the collection of
an unpaid balance or any other obligation owed by such customer.

2. All utilities or municipal utilities or ESCOs in violation of this
section shall be subject to fines, penalties and enforcement by the
department pursuant to sections twenty-four, twenty-five, twenty-five-a,
and twenty-six of this chapter, and all such other legal or equitable
remedies as may be necessary or convenient for protection of consumers
against the prohibited behaviors described in subdivision one of this

3. The commission shall promulgate rules and regulations necessary to
implement and enforce the provisions of this section.