NY A01558

Establishes an Energy Services Company (ESCO) Consumers Bill of Rights requiring ESCOs selling electricity and/or natural gas to residential customers or through door-to-door sales to identify themselves, explain they do not represent a utility, and provide customers with a copy of the bill of rights in the customer's language.

Prohibits ESCOs from requiring customer prepayment for energy services, though customers may voluntarily opt for prepayment with a 90-day cancellation right and 30-business-day refund requirement for unused portions.

Caps early contract termination fees at $100 for contracts with less than 12 months remaining, $200 for 12 months or more, or twice the estimated average monthly bill, with no fee charged if customer objects to renewal within three business days of first billing statement.

Requires all variable charges be clearly identified in contracts and marketing materials, and prohibits material changes to contract terms without express customer consent; non-compliant contracts are void and unenforceable.

Authorizes the Attorney General to bring civil actions seeking penalties up to $1,000 per violation plus costs and attorney's fees, and allows injured customers to sue for actual damages or $500 (whichever is greater) with potential treble damages up to $10,000 for willful violations.