42 USC § 16471 - Consumer privacy and unfair trade practices
---
identifier: "/us/usc/t42/s16471"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 16471 - Consumer privacy and unfair trade practices"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "16471"
section_name: "Consumer privacy and unfair trade practices"
chapter_number: 149
chapter_name: "NATIONAL ENERGY POLICY AND PROGRAMS"
subchapter_number: "XII"
subchapter_name: "ELECTRICITY"
part_number: "E"
part_name: "Market Transparency, Enforcement, and Consumer Protection"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–58, title XII, § 1287, Aug. 8, 2005, 119 Stat. 981.)"
---
# § 16471. Consumer privacy and unfair trade practices
**(a)** **Privacy** The Federal Trade Commission may issue rules protecting the privacy of electric consumers from the disclosure of consumer information obtained in connection with the sale or delivery of electric energy to electric consumers.
**(b)** **Slamming** The Federal Trade Commission may issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer or if approved by the appropriate State regulatory authority.
**(c)** **Cramming** The Federal Trade Commission may issue rules prohibiting the sale of goods and services to an electric consumer unless expressly authorized by law or the electric consumer.
**(d)** **Rulemaking** section 553 of title 5
The Federal Trade Commission shall proceed in accordance with when prescribing a rule under this section.
**(e)** **State authority** If the Federal Trade Commission determines that a State’s regulations provide equivalent or greater protection than the provisions of this section, such State regulations shall apply in that State in lieu of the regulations issued by the Commission under this section.
**(f)** **Definitions** For purposes of this section:
**(1)** **State regulatory authority** section 796(21) of title 16
The term “State regulatory authority” has the meaning given that term in .
**(2)** **Electric consumer and electric utility** section 2602 of title 16
The terms “electric consumer” and “electric utility” have the meanings given those terms in .
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**Source Credit**: (Pub. L. 109–58, title XII, § 1287, Aug. 8, 2005, 119 Stat. 981.)