People that have variable rate electric service are seeing whopping electric bills. The PUC of Texas raised the rate to a maximum of $ 9 per KW during the emergency outages.
Any horror stories to tell ?
Why? Did PUC force them to sign those contracts? Originally Posted by boardmandid the PUC give a clear explanation of possible downsides of the plan to its customers that wasn't written in legal jargon that only lawyers understand, and 7 point font? that's called disclosure of material terms of the contract that PUC-or its authorized agents-should provide to its customers who were in a position of unequal bargaining power. (how many non-attys can read that fine print and have any clue wtf it means?) there is a doctrine called unconscionability that applies when a contract meets all the legal requirements, but ends up in a result where a consumer gets fucked just because he didn't have the technical wherewithal to understand exactly what he was getting himself into. if it applies, courts take the contract, rip it up, and then go from there to analyze the case.
did the PUC give a clear explanation of possible downsides of the plan to its customers that wasn't written in legal jargon that only lawyers understand, and 7 point font? that's called disclosure of material terms of the contract that PUC-or its authorized agents-should provide to its customers who were in a position of unequal bargaining power. (how many non-attys can read that fine print and have any clue wtf it means?) there is a doctrine called unconscionability that applies when a contract meets all the legal requirements, but ends up in a result where a consumer gets fucked just because he didn't have the technical wherewithal to understand exactly what he was getting himself into. if it applies, courts take the contract, rip it up, and then go from there to analyze the case.
the standard is what a reasonable consumer would understand from all that fine print; not limited to what a retard would understand, but also a reasonable consumer is not held to the standard of what a legal eagle would infer. if your electric bill can fly to 9$/kWhr under the plan, that information-plausible and outrageous-must be disclosed to John Q. Consumer, as he might find that info material to his choice of what electric plan to pick, and from what company. failure to disclose as required is a material omission with some remedies provided by the law.
i don't have time to research this just for fun, as i'm not practicing, but if i was a practicing consumer law liar, i'd pull out the TX Deceptive Trade Practices Act and look for some more-than-plausible causes of action. the dtpa comes with treble damages for knowing and wilful fuckery. A jury would be all over that, as that conduct does not pass the smell test. everyone understands that a 10k bill from your electric company after your power went out and you almost froze to death is some serious fuckery, and the DTPA is all about remedies for the little guy for corporate fuckery. Texas does have some great laws, with the DTPA and consumer bankruptcy laws being among the best imo. Originally Posted by pxmcc