Undertaking of Voluntary Compliance signed by Active Energy
On January 28, 2013, Active Energy signed an Undertaking of Voluntary Compliance in which they agreed to comply with:
- section 17(1) of the Consumer Protection Act (the act) by not engaging in the following unfair practices:
- make representation that the person who supplies the goods or services has sponsorship, status, affiliation or connection that they do not have make representation that a specific price advantage exists, if it does not
- make representation that is false, misleading or deceptive
- make representation using exaggeration, innuendo or ambiguity if such use tends to deceive
- section 42 of the act by delivering a contract that conforms with the act and its regulations
- section 43(2) of the act by effecting the consumer's cancellation rights
- section 96(1)(a) of the act by providing refunds to consumers within 15 days after the consumer gives notice of cancellation in accordance with the act.
The Ministry of Consumer Services contacted Active Energy about the need to comply with the law after receiving consumer complaints about salespersons coming to their homes offering heating and maintenance plans and carbon offset agreements.
Active Energy is working with the ministry to resolve all outstanding complaints.
An Undertaking of Voluntary Compliance is one of the legal remedies available to the ministry to promote compliance with the Consumer Protection Act. It is a written commitment by a company to comply with the law. It has the same effect as a Director's Order.
If the commitment to comply is not honoured by Active Energy, the Ministry may take further action, including charges under the act, to enforce the undertaking.
Full text of the January 28, 2013 Voluntary Compliance Undertaking.