Title 42The Public Health and WelfareRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Federal Trade Commission (FTC) can make rules to protect people who buy electricity. The rules can keep customer energy data private, stop a customer’s electric service from being switched without the customer’s informed consent or state approval, and prohibit offering or selling goods or services to a customer unless the law or the customer allows it. The FTC must follow section 553 of title 5 when making these rules. If a State has equal or stronger rules, the State’s rules apply instead. "State regulatory authority" — the state agency that regulates utilities (see section 796(21) of title 16). "Electric consumer" and "electric utility" — the customer and the company that supplies electricity (see section 2602 of title 16).

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 5, 2026

Release point: 119-73not60