Title 42, The Public Health and WelfareRelease 119-110

§16471 Consumer Privacy and Unfair Trade Practices

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

Last updated Sep 22, 2026|Official source

Summary

The Federal Trade Commission (FTC) can make rules to protect the privacy of electric customers and stop unfair practices. The FTC may bar switching a customer’s electric service without the customer’s informed consent or approval from the proper State regulatory authority. The FTC may also ban charging customers for goods or services unless a law allows it or the customer agrees. When making rules, the FTC must follow section 553 of title 5. If a State has equal or stronger rules, the State’s rules apply instead of the FTC’s. Terms: “State regulatory authority” = 16 U.S.C. §796(21); “electric consumer” and “electric utility” = 16 U.S.C. §2602.

Full Legal Text

Title 42, §16471

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

(a)Privacy
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)Slamming
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)Cramming
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)Rulemaking
The Federal Trade Commission shall proceed in accordance with section 553 of title 5 when prescribing a rule under this section.
(e)State authority
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)Definitions
For purposes of this section: (1) State regulatory authority
(2)Electric consumer and electric utility
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110