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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26292
Experience:  16+ yrs. of legal experience.
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Gateway Energy is billing my PSEG account for services unauthorized

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Gateway Energy is billing my PSEG account for services unauthorized by me...a sales rep came to my home and talked my son into signing up for cheaper rates and told him to sign as my spouse.....the agreement was not to go through until there was final conformation from me.....I never consented. There have been repeated phone calls. I have explained the situation to Gateway and told them to cancel...I assumed the worst was over until another bill came today in my sons name.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

In this case is your son an adult? And a resident of the home?
Customer: replied 1 year ago.

Yes he is an adult, he lives with me now but he is not on the mortgage, nor are any bills in his name. The Gateway Rep came over and spoke to him knowing he did not have authorization To START the service. I was to call to Gateway to verify that I wanted the service. I never did, and assumed that was the end of it. After some time, my PSE&G bill became delinquent . Until my electric service was cutoff of lack of payment. We settled with them, and I began to receive Bills form gateway, and PSE&G. Gateway had been taking part of my payments to PSE&G for some time. I never signed off on anything from Gateway, or agreed to this. the sales rep had put my son as my spouse, which is illegal I believe. I feel that they are going to attempt to make me pay this 500 dollar balance from them. Which I will not because I never signed up for their service. I dont want this affecting my credit or my sons.

Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

You certainly are NOT liable. If you did not enter into an agreement they can not hold you liable. But if your son signed it MAY be he is liable. Was there a written contract? In his name or your name?
Customer: replied 1 year ago.

I have the "contract" here, my son has ADHD, but he did specify that he could not make decisions for me, The PSE&G bill is in my name only. My son is not connected the the account at all. The rep said he could start the process, but could not, or would not Start the service, until I signed off on a contract. I never did, and assumed that was that. Now Im geting bills for their service, and on the consent form the Rep has My son as My SPOUSE. this is not the case. The rep has taken advantage of my sons condition, to get his commission. Now since the rep had LIED on the contract, saying my son was my spouse, I don't think he should owe anything. My son is not a home-owner, does not have a PSE&G account, and didn't agree anything

Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

What you describe? This is not a valid contract. Frankly, if PSE&G tried to take this to court the case would fall apart quickly. So I would not worry much about enforcement.

You can write to PSE&G and let them know what happened. If you write them you would want to keep a copy. In the letter you would detail what happened and state that you are not going to pay this improper fee.

I would expect a single letter to resolve this.

If it does not?

well...you next step depends on their next step...

If they report this to the credit reporting agencies, you can sue them under the Fair Credit Reporting Act. The FCRA provides for $1000 statutory damages AND for attorney fees...so you can sue them and collect if they try and damage your credit.

But I doubt that would be needed...this company understands the law (or at least their lawyers do) and I would expect you letter to end this.

Please let me know if you have more questions, happy to assist if I can
P. Simmons, Lawyer
Satisfied Customers: 26292
Experience: 16+ yrs. of legal experience.
P. Simmons and 3 other Consumer Protection Law Specialists are ready to help you

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