AG proposes new rule against deceptive comments; here’s how to weigh in

You may remember last fall when the story broke that at least 150 public comments supposedly in support of fracking Ohio state parks were not submitted by the people whose names were on the comments. Save Ohio Parks was instrumental in identifying over 100 of the people whose names, addresses, phone numbers and email addresses were on these comments but who did not submit them.

We brought our findings to the Oil and Gas Land Management Commission and asked them to remove the comments. They refused. So we took our information to Attorney General Dave Yost, who had vowed an investigation.

Now that investigation is complete, and Yost’s conclusions confirm what we told the commission: An oil and gas front group called Consumer Energy Alliance had solicited personal information from up to 1100 Ohioans for one purpose — usually to win cash or prizes — then, without the people’s knowledge or consent, used it for a different purpose — to file public comments supposedly in favor of fracking Salt Fork State Park and other public lands.

Yost is now proposing a new rule on “Consent and Solicitation of Signature” that would label this practice as a “deceptive act” prosecutable under Ohio consumer protection law. We need your help to make sure this rule passes with teeth.

How to attend and testify at public hearings

In the coming weeks and months, two hearings about the proposed Consent and Solicitation of Signature rule will be held. You can attend to testify in person or send in written testimony. Here are the details:

Hearing 1 (Has already taken place – go to Hearing 2)

Attorney General Dave Yost will hold a public hearing on Thursday, September 26, at 3 p.m. in the Lobby Hearing Room in the Rhodes State Office Tower, First Floor, 30 E. Broad St., Columbus, OH 43215. The purpose of the hearing is to solicit comment on Ohio Administrative Code Rule 109:4-3-31 as it relates to the consent and solicitation of consumers’ signatures in connection with consumer transactions.

All interested parties are invited to attend the hearing and present oral and/or written testimony. Written comments may also be submitted prior to the hearing to the attention of Katie Blankemeyer, Legislative Director, Office of Ohio Attorney General Dave Yost, 30 E. Broad St., Floor 17, Columbus, Ohio 43215, or emailed to Katie.Blankemeyer@OhioAGO.gov. If you plan to attend the hearing, please also notify Katie Blankemeyer at least 24 hours in advance.

Hearing 2

The final hearing for the Consent and Solicitation of Signature rule will be at the Joint Committee on Agency Rule Review (JCARR) on Monday, October 21, at 1:30 p.m. 

JCARR is a bipartisan committee of both House and Senate members who review and approve administrative rules to ensure they do not exceed the rule-making authority granted by the General Assembly. This rule fits under established Ohio consumer protection law, but we still want to make sure it is approved.

You can testify in support of Rule 109:4-3-31 by attending the meeting in person and giving your testimony there, or by sending in written testimony. Either way, please send a written copy of your testimony, along with a filled-out witness slip, to JCARR1@jcarr.state.oh.us.

The witness slip asks for an agenda item – the answer is Agenda Item 1. Be sure to email both your testimony and witness slip in either Microsoft Word or PDF format to JCARR1@jcarr.state.oh.us at least 24 hours in advance of the hearing, or by Sunday, October 20, at 1:30 p.m.

Sample testimony

You are welcome to write whatever you like in support of the Consent and Solicitation of Signature rule, and you can use similar testimony in both hearings.

Below is sample testimony that you can draw from, but adding your own personal story about how this issue affects you will make your testimony more powerful.

Chair Callender, Chair Gavarone, and members of the Joint Committee on Agency Rule Review,

I am providing testimony in support of Ohio Administrative Code Rule 109:4-3-31 on Consent and Solicitation of Signature.

I am a supporter of Save Ohio Parks, which was instrumental in identifying over 100 people whose personal information — name, address, phone number, and email address — was used on public comments supposedly in support of fracking Ohio state parks and public lands — comments these people did not submit.

During an investigation, Attorney General Dave Yost’s office found that Consumer Energy Alliance, a Houston-based public relations firm for the oil and gas industry, solicited personal information from at least 1100 Ohioans for an unrelated purpose, then used it without their knowledge or consent on these public comments.

That is wrong. Such practices not only give the false impression that there is more support for fracking our state parks than there actually is, but posting these people’s personal information on a state website puts them at increased risk for identity theft.

I support the proposed rule that would label this practice as a deceptive act and make it prosecutable under Ohio consumer protection law. This is not the first time Consumer Energy Alliance has done this. There are at least three previous instances, including in Ohio in 2016.

However, I ask for two additions to the proposed rule for any future events in which a public agency is involved: 1) the public agency should be notified if they are found to have posted public comments not submitted by the people whose names are on the comment; and 2) the public agency should remove any comments found to be submitted as a deceptive act from public view.

Please approve OAC Rule 109:4-3-31 on Consent and Solicitation of Signature, with these two additions so that if Consumer Energy Alliance or any other organization does this again in Ohio, they can be prosecuted to the fullest extent of the law and the deceptive comments are not posted publicly.

Thank you.

You can sign off with your name and address (city and state is sufficient).