---
kind: "section"
citation: "42 U.S.C. § 16471"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16471"
heading: "Consumer privacy and unfair trade practices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16471"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter XII — Electricity"
  - "Part E — Market Transparency, Enforcement, and Consumer Protection"
---

# §16471. Consumer privacy and unfair trade practices

- (a) **Privacy—** The Federal Trade [Commission](/usc/42/16451.md?p=3) 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](/usc/42/16451.md?p=3) 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](/usc/42/15951.md?p=b-2) regulatory authority.
- (c) **Cramming—** The Federal Trade [Commission](/usc/42/16451.md?p=3) 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—** The Federal Trade [Commission](/usc/42/16451.md?p=3) shall proceed in accordance with [section 553 of title 5](/usc/5/553.md) when prescribing a rule under this section.
- (e) **State authority—** If the Federal Trade [Commission](/usc/42/16451.md?p=3) determines that a [State](/usc/42/15951.md?p=b-2)’s regulations provide equivalent or greater protection than the provisions of this section, such [State](/usc/42/15951.md?p=b-2) regulations shall apply in that [State](/usc/42/15951.md?p=b-2) in lieu of the regulations issued by the [Commission](/usc/42/16451.md?p=3) under this section.
- (f) **Definitions—** For purposes of this section:
  - (1) **State regulatory authority—** The term “[State](/usc/42/15951.md?p=b-2) regulatory authority” has the meaning given that term in [section 796(21) of title 16](/usc/16/796.md?p=21).
  - (2) **Electric consumer and electric utility—** The terms “electric consumer” and “electric utility” have the meanings given those terms in [section 2602 of title 16](/usc/16/2602.md).

## Source credit

(Pub. L. 109–58, title XII, § 1287, Aug. 8, 2005, 119 Stat. 981.)