In the Matter of SmartEnergy

Summary

The Supreme Court of Maryland held that the Public Service Commission had authority to determine whether a licensed electricity supplier violated Maryland consumer-protection laws, including the Maryland Telephone Solicitations Act. It further held that the Act applies when a consumer calls a merchant in response to the merchant’s marketing materials, unless a statutory exemption applies, and that substantial evidence supported the Commission’s findings of deceptive practices. The Court also concluded that the Commission’s customer-transition, refund, and moratorium remedies were within its discretion and were not arbitrary or capricious.