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New York Attorney General Fines Energy Company for DNC List Violations & Deceptive Practices

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Posted by Chris Alarie on Tue, 03/22/2022 - 11:41

New York Attorney General Letitia James announced that she has levied $2.15 million in fines against an energy services company for dishonest practices and violations of both the federal and state do not call (DNC) list laws. The AG’s office conducted an investigation into Family Energy for its deceptive practices and secured millions in restitution.

The AG’s officed found that Family Energy did not properly supervise sales representatives, who engaged in multiple deceptive methods for enrolling consumers, made false statements about cash back programs, failed to disclose costs and fees, and contacted consumers on the DNC list. New York has its own, state-level DNC regulations but it uses the federal DNC list. Family Energy is being penalized for violations of New York’s General Business Law, New York Public Service Commission regulations, and the federal Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR).

While TCPA and DNC list violations are most often penalized in individual lawsuits and class actions, this case serves to demonstrate how state officials also have the authority to pursue these claims.