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February 21, 2024 Clouds | 35°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 102C: Enforcement of consumer protection provisions; arbitration

Section 102C. (a) The attorney general is hereby authorized to bring an action under section 4 of chapter 93A to enforce the consumer protection provisions of sections 1B, 1C, 1D, 1E, 1F, and 137 of this chapter and to obtain restitution, civil penalties, injunctive relief and any other relief awarded pursuant to said chapter 93A. At the attorney general's discretion, pursuant to subsection (c) of section 2 of said chapter 93A, the attorney general shall promulgate rules and regulations relative to methods, acts, and practices of electric and generation companies and suppliers.

(b) All electric companies, aggregators, marketers, and all suppliers doing business in the commonwealth shall submit to arbitration, if such arbitration is requested by a retail electric customer or any company or other such entity organized and governed pursuant to the provisions of this chapter alleging an unfair or deceptive trade practice by its retail electric suppliers or electric company. The department shall, in coordination with the office of consumer affairs, promulgate rules and regulations to implement this section to provide for the expeditious treatment of complaints brought by any retail consumer. Said rules and regulations shall include, but not be limited to, a description of the procedures available to redress violations of the rules and regulations and afford said consumers the opportunity to participate in a voluntary mediation process with the supplier or electric company to settle the claim without recourse to arbitration, and a provision that any violation of said rules and regulations shall be deemed an unfair and deceptive act pursuant to the provisions of chapter 93A. Said arbitration shall be performed by the department or by a state-certified professional arbitrator or arbitration firm appointed by the department and operating in accordance with the rules and regulations promulgated by the department.