Title 42The Public Health and WelfareRelease 119-73

§16471 Consumer privacy and unfair trade practices

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER XII— - ELECTRICITY › Part Part E— - Market Transparency, Enforcement, and Consumer Protection › § 16471

Last updated Apr 6, 2026|Official source

Summary

The Federal Trade Commission can make rules to protect electric customers’ private information collected when electricity is sold or delivered. The Commission can also ban switching a customer’s utility unless the customer gives clear permission or the proper State regulator approves. It can ban selling goods or services to a customer unless a law or the customer allows it. The Commission must follow section 553 of title 5 when making these rules. If a State’s rules give equal or better protection, the State rules apply there instead of the Commission’s rules. State regulatory authority — the state agency that oversees utilities. Electric consumer — someone who gets electric service. Electric utility — a company that sells or delivers electric power.

Full Legal Text

Title 42, §16471

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Federal Trade Commission may issue rules protecting the privacy of electric consumers from the disclosure of consumer information obtained in connection with the sale or delivery of electric energy to electric consumers.
(b)The Federal Trade Commission may issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer or if approved by the appropriate State regulatory authority.
(c)The Federal Trade Commission may issue rules prohibiting the sale of goods and services to an electric consumer unless expressly authorized by law or the electric consumer.
(d)The Federal Trade Commission shall proceed in accordance with section 553 of title 5 when prescribing a rule under this section.
(e)If the Federal Trade Commission determines that a State’s regulations provide equivalent or greater protection than the provisions of this section, such State regulations shall apply in that State in lieu of the regulations issued by the Commission under this section.
(f)For purposes of this section:
(1)The term “State regulatory authority” has the meaning given that term in section 796(21) of title 16.
(2)The terms “electric consumer” and “electric utility” have the meanings given those terms in section 2602 of title 16.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16471

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73