Had a situation last month where an energy broker apparently forged my client's signature on a supply contract with OPPD here in Omaha. Client never spoke to the broker, never requested a switch, but suddenly got notice that their electricity supply was changing to some third-party provider at rates 30% higher than their current tariff. Client only found out when they called me about the confusing notice. Has anyone dealt with unauthorized switching like this? What's the best way to get this reversed and prevent it from happening again?
Broker tried to switch my client without authorization - legal options?
Ken, this is called "slamming" and it's unfortunately more common than it should be. First step is to contact OPPD immediately and file a formal complaint about unauthorized switching. They should be able to reverse the switch back to the original tariff. You'll also want to file complaints with the Nebraska Public Service Commission and possibly the state attorney general's office. Document everything - the forged signature, any communications, billing impacts.
Zach's right about the regulatory complaints. I dealt with something similar in Ohio a couple years ago. The utility was actually pretty helpful once we filed the formal slamming complaint - they reversed the switch within 48 hours and blacklisted that broker. The key is having documentation that the customer never authorized the switch. Save any voicemails, letters, the fraudulent contract, everything.
Thanks guys. OPPD was actually very responsive - they reversed the switch immediately once I faxed them a letter from the client stating they never authorized it. They said this particular broker has been reported multiple times for similar tactics. Filing the PSC complaint tomorrow. Client wants to know if they have any recourse for the time and stress this caused.
Ken, your client might have grounds for a civil lawsuit against the broker, especially if there are financial damages or if this is part of a pattern of fraudulent behavior. I'd suggest documenting the hours you spent fixing this issue and any premium rates the client would have paid. Some states have specific penalties for utility slamming that can include attorney fees and damages. Worth consulting with an attorney who handles utility law.
One more thing - make sure your client puts a "do not switch" notation on their utility account if OPPD offers that service. Many utilities now have customer protection programs that require additional verification before allowing supply switches. It's a simple way to prevent this from happening again.