§ 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 § 349-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.

Terms Used In N.Y. Public Service Law 53-A

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

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 section.

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

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