14 - Utilities - National Grid - APG Dispute - NY AG Complaint - 86 Madison Ave Albany, NY 12202.md

# NY Attorney General — Consumer Fraud Complaint **ESCO:** American Power & Gas (APG) **Complainant:** Earl Co **Accounts:** 8 residential gas & electricity accounts across Albany and Watervliet, NY ## NATURE OF COMPLAINT American Power & Gas engaged in deceptive business practices prohibited under NY General Business Law § 349 and the AG's 2016 ESCO enforcement actions. ## SPECIFIC VIOLATIONS 1. **Bait-and-switch pricing:** Solicited via phone (~Feb 2025) with low teaser rate (~$0.09/kWh in Apr 2025), then increased to $0.30–$0.35/kWh without meaningful notice — a 300% increase within months. 2. **Failure to provide written variable rate disclosure (16 NYCRR 10.2):** APG confirmed on June 10, 2026 that **no written contract exists** — only a verbal recording made during the enrollment call. This directly violates NY ESCO reform requirements for written disclosure of variable rate terms. 3. **No "net benefit" to consumer:** Rates consistently 2-3x utility default across all 8 accounts. The NY PSC's 2016 order requires that ESCO variable-rate plans provide a net benefit to consumers. APG's rates fail this test by a wide margin. 4. **Telephonic enrollment without clear oral disclosur