“Palmco portrayed itself as an affordable alternative for New Jersey consumers looking to lower their energy bills, but failed to deliver on its promises,” said Acting Attorney General Christopher S. Porrino. “Through this settlement, Palmco has agreed to significant revisions in its marketing and sales practices that are intended to ensure that consumers are provided with accurate disclosures as to pricing and not misled.”
A Complaint filed in May 2014 by the Attorney General’s Office, the New Jersey Board of Public Utilities (“BPU”) and the New Jersey Division of Consumer Affairs, alleged that the Brooklyn-based Palmco violated the Electric Discount and Energy Competition Act, the Consumer Fraud Act, and multiple regulations concerning energy licensing and registration, retail choice consumer protection, anti-slamming requirements and advertising, among other things, through its aggressive door-to-door and telephone solicitations, and representations as to “competitive prices” for gas and electric.
Further, although Palmco’s contracts stated that the natural gas price would be based upon the monthly New York Mercantile Exchange (NYMEX) closing prices, and the electric price would be based on the monthly locational marginal price (LMP) determined on a day-ahead or real-time basis, the actual monthly charges for gas and electric were greatly in excess of these pricing mechanisms.
Instead of realizing the promised monthly savings, during the severe winter of 2013-2014, consumers’ energy bills rapidly and significantly increased beyond what they would have paid had they stayed with their previous suppliers. The State subsequently filed a First Amended Complaint, which also alleged violations of the Truth-in-Consumer Contract, Warranty and Notice Act.
“The Board of Public Utilities is pleased with Palmco’s settlement providing restitution to impacted customers,” said Richard S. Mroz, President of the New Jersey Board of Public Utilities. “The settlement sends consumers the clear message that predatory practices are not tolerated and that a robust market of alternative energy suppliers still exists to provide savings on electric and gas bills.”
“We are satisfied that through this settlement, Palmco has agreed to provide meaningful consumer relief and to significantly revise its marketing and sales practices for gas and electric service,” said Steve Lee, Director of the New Jersey Division of Consumer Affairs. “Beyond this settlement, the Division will continue to monitor third party energy suppliers to ensure that they are complying with all applicable laws and keeping their promises to consumers.”
Under the terms of the settlement, Palmco will provide up to $4,502,791.60 in consumer restitution. Palmco has also agreed to pay $786,254.54 to the State, which is comprised of $500,000.00 in civil penalties and $286,000 in attorneys’ fees and investigative costs.
Further, Palmco has agreed to make significant changes to its business practices which include:
Palmco has also agreed to employ a full-time Compliance Officer whose duties will include: developing policies and procedures to ensure that sales representatives and customer service representatives comply with the settlement terms as well as all applicable laws; ensuring that all required personnel receive the necessary training; overseeing the random audits of telephone solicitations and door-to-door solicitations; and overseeing the investigation of all consumer complaints of deceptive or improper sales tactics and taking appropriate remedial action.
Palmco was one of the three third party suppliers sued by the State in May 2014. In January 2015, the State announced its $2.1 Million settlement of the action against HIKO Energy, LLC, and in August 2015, the State announced its $554,698.06 settlement of the action against Keil & Sons, Inc. d/b/a Systrum Energy and its principals.
Investigators Aziza Salikhov and Brian Morgenstern and former Investigator Jeffrey Watkins of the Office of Consumer Protection within the Division of Consumer Affairs conducted this investigation.
Deputy Attorney General Lorraine K. Rak, Chief of the Consumer Fraud Prosecution Section within the Division of Law, represented the State in this action, with assistance from Deputy Attorney Geoffrey Gersten, of the Public Utilities Section, and Deputy Attorney General David M. Reap of the Consumer Fraud Prosecution Section.
Consumers seeking to file a complaint about a third-party energy supplier can contact the New Jersey Board of Public Utilities at 609-341-988, 800-624-0241, or email@example.com. Consumers can use the form provided here.