Prince George business owner David Fuller is alleging independent natural gas marketing company Active Renewable Marketing Ltd. fraudulently signed his company up for a third-party natural gas contract.
Fuller operates Ave Marie Gifts & Health Foods and Mother Maria's Market in Prince George. He said he discovered the alleged fraud earlier this week when his accountant questioned why Mother Maria's Market, the smaller of his two stores, was paying more for natural gas than his larger location. When he contacted Fortis B.C., Fuller was told he had a third-party contract with Active Renewable Marketing Ltd.
"I haven't dealt with the company and I'd never heard of the company," Fuller said. "[But] I've been billed by them for two years. I'm paying two-and-a-half times the going [Fortis B.C.] rate for gas. I'm suspecting that on some of the bills it's $100 to $120 more."
Fuller continued to receive gas bills from Fortis B.C., with the addition of Active Renewable Marketing's name and phone number printed below the cost of gas on the bill. According to the Fortis B.C. bill for March, Fuller was being charged $10.39 per gigajoule. The current Fortis B.C. small commercial rate in the region is $2.896 per gigajoule.
Fuller estimated the price difference has cost him between $1,000 and $2,000 since Dec. 2008.
"Why is it done in such a way people don't notice?" Fuller said. "If it's happened to me, guaranteed it's happened to other people. Check your Fortis bill."
After several attempts Fuller was able to contact Active Renewable Marketing, he said, and the company provided him with a copy of the contract. The contract, dated Dec. 1, 2008, appears to be signed by Maureen Thomas, an employee of Mother Maria's Market.
Thomas is not the store manager, as it says on the contract document, and would not have the authority to enter into a utility agreement for the store, Fuller said.
In a signed affidavit, Thomas denies signing the contract.
"... I did not print my name on the agreements, nor did I sign the agreements, and that the signature on the agreements is not mine, nor does it bear resemblance to my
signature," Thomas swore.
A comparison of Thomas' signature on the affidavit and the signature on the natural gas contract show marked differences.
Fuller said he believes the signature was forged.
"She had no contact with these people, as far as she knows," Fuller said.
The contract is also signed by agent M. Aslam on behalf of Active Renewable Marketing Ltd., using agent number 300436.
"We've filed a complaint with the B.C. Utilities Commission," Fuller said. "We're also going to be filing with the RCMP for charges of fraud and forgery."
A spokesperson for Active Renewable Marketing Ltd. could not be reached for comment as of press time.
Fortis responds
Fortis B.C. spokesperson Kirsten Walker said, while the gas utility administers the Customer Choice program, the B.C. Utility Commission is responsible for monitoring the conduct of independent gas marketers.
The Customer Choice program was initiated in 2004 for commercial clients and 2007 for residential natural gas clients.
The program allows customers to enter into a fixed-price agreement for natural gas, rather than taking the variable rate charged by Fortis.
Fortis B.C. delivers the gas, and continues to bill the customer on behalf of the independent marketer.
"We certainly are aware of complaints about the conduct of these marketers," Walker said. "I can't say the nature or content of those complaints."
Fortis B.C. encourages customers considering a contract with an independent marketer to take time to consider before signing any agreement, she said.
If a customer does sign a deal with an independent gas marketer, she said, the company is required to send them a letter of notification.
The customer also has 10 days after the marketer notifies Fortis B.C. to opt out of the contract at no penalty, she said.
In 2009 a new regulation was introduced requiring a third-party verification phone call to the proposed client, to ensure they are aware they have signed a natural gas contract, she said.
A spokesperson for the B.C. Utilities Commission could not be reached for comment as of press time.
However, the B.C. Better Business Bureau reports three complaints against Active Renewable Marketing Ltd.
Two of the complaints come from 2009 regarding sales issues and one from 2011 regarding problems with the company's service.
Better Business Bureau spokesperson Mark Fernandes said the bureau received a substantial number of complaints about independent gas marketers in 2007 and 2008 when the program was introduced for residential customers.
"What we saw initially was a lot of misleading sales practices," Fernandes said.
"There was a lot of education [needed] for people."
The B.C. Utilities Commission has put in place stiffer protections to discourage pressure sales and misleading sales practices, he said.
"The good thing is... there are now checks and balances. I think the industry, overall, has
improved," Fernandes said.
"[But] we really stress for small businesses to have strict accounting control.
"Know your vendors."
