Energy retailers and their marketers (telemarketers/door-to-door sellers) are governed by a strict Marketing Code of Conduct which outlines how and when they can contact you to promote their service. They can contact you in person, by phone or by mail.
Under the Code, marketers must:
- clearly identify who they are, the company they represent and why they're contacting you
- only contact you on weekdays between 9am-6pm or phone between 9am-8pm; Saturdays between 9am-5pm; and not at all on Sunday or a public holiday.
- tell you about the 10-day cooling off period
- explain any fees or charges, including cancellation/termination fees
- provide you with the written terms and conditions before asking you to sign a contract
- provide you with a disclosure statement after signing a contract
- provide timely, accurate, verifiable and truthful comparisons
- ensure information provided is truthful, easy to understand and relevant
- leave your home immediately or end the phone call when you ask them to.
Marketers cannot:
- engage in misleading or deceptive conduct
- exert pressure, or otherwise harass or coerce customers
- contact you again if you have indicated that you do not want to be contacted or you have registered your phone number on the 'do not call' register.
Important tips
Ten-day cooling-off period
All energy contracts have a 10 business-day cooling-off period. This means you can change your mind and cancel the contract within 10 business days after signing without having to pay any cancellation fees. The contract may need to be cancelled in writing - contact your energy supplier to find out.
Disclosure statements
A disclosure statement is a written document provided to you by your energy retailer. It should be in plain English and explain the key terms in the contract, including prices, service levels, bill frequency, duration of the contract, available payment methods, fees and charges and any early termination penalties.
Read the fine print and take your time
A contract is a legally binding agreement so it makes sense to take the time to read it carefully and ensure you understand what you're signing up to. Don't allow yourself to be pressured into signing a contract you haven't read or don't understand - you have every right to take a contract away to think about it.
Seek clarification
If you don't understand something, ask your energy supplier or get independent advice on what it means (EWOQ cannot provide advice about whether a contract is suitable for you). Market contracts must still comply with all of the consumer protection requirements specified by the Electricity Industry Code. However, it is a good idea to check before you sign any contract that all the minimum terms and conditions are included.
Early termination/transfer fees
You may be charged a termination fee if you choose to end your contract early so it is important to know if you will be allowed to transfer your account to another location without being charged. Marketers must tell you about the termination fee and the information must be clearly stated in your contract.
Keep copies
Always keep a copy of the information provided to you by the marketers as well as a copy of any contract you sign - if there's a dispute in the future you will need all of the original paperwork.
Do Not Call Register
The Commonwealth Government has set up a 'Do Not Call Register', which gives you a choice about whether to receive any telemarketing calls at home. Energy telemarketers should not call your number once it has been on the register for 31 days. You can register your home or mobile phone for five years on the register at www.donotcall.gov.au (External website).
Complaints about marketers
If you have experienced improper behaviour by an energy marketer (eg. coercion, pressure or untruthful information) you should contact the energy retailer they represent to make a complaint. If you are unable to resolve the problem you can lodge a complaint with EWOQ. Breaches of the Code are treated very seriously and penalties of up to $100,000 for individuals and $500,000 for corporations apply.