.05 Unauthorized Enrollment or Service.

A. A supplier may not enroll a customer without the customer's consent.

B. A supplier may not add a new charge for a new service, existing service, or service option without first obtaining consent from the customer, verifiable to the same extent and using the same methods specified for contracting under Regulation .08 of this chapter.

C. Enrollment Disputes.

(1) A customer alleging a violation of this regulation may file a dispute with the Commission's Office of External Relations.

(2) Upon proof of the allegations that an enrollment was unauthorized, the Commissionís Office of External Relations (OER) may order the supplier to issue a refund to the customer in an amount, determined by OER, intended to hold the customer harmless relative to the price the customer would have paid had the unauthorized enrollment not occurred.

(a) If the charges have been billed by and the receivable purchased by the utility, the refund determined by OER shall be remitted to the utility by the supplier. The refund determined by OER shall be applied to the customerís utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.

(b) Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility the total amount billed less any refund determined by OER.

D. This regulation may not be construed to limit the authority of the Commission under Public Utilities Article, §7-507(k), Annotated Code of Maryland.