A. Introduction
Sometimes an individual may have difficulty maintaining or restoring utility service due to bills that were actually rendered in someone else’s name. This arises most commonly when two or more people reside in the same household (for example, spouses, or roommates) but the bills come in one person’s name. The situation can also arise when one person (for example, a parent) puts the bill in someone else’s name (for example, a child or other relative) without that person’s knowledge or permission. In Massachusetts, only the “customer of record,” that is, the customer whose name is on the bill, is responsible for paying for those bills. Generally, spouses, roommates, or children are not responsible for the utility bills that are in someone else’s name, even though that spouse or child or roommate lived in the household and benefited from having utility service in the apartment or home.
B. Surviving Spouse/Deserted Spouse
When one spouse’s name is on the utility bill and that spouse dies, the surviving spouse is usually not held responsible for the bills that may have accumulated in the deceased spouse’s name. For example, if the bills were in Jose Pena’s name and he ran up an arrearage of $500 just before he died, the utility company may try to hold his wife Maria Pena responsible for those bills. Maria should promptly call the utility; ask that a new account be opened in her name; and make sure not to agree that she is responsible for her bills—unless of course she wants to agree to be responsible. (Note, however, that if Jose left an “estate” when he died—money or other things of value—the estate would be responsible for the bills, and Maria would often be the beneficiary of her husband’s estate).
However, in Massachusetts, both spouses may be held liable for debts that are taken on to pay for goods or services for either spouse that were “necessaries.”9 Necessaries may include food, clothing, shelter, medical care, and other items or services, and could reasonably include utility service.
If one spouse passes away or leaves the household, and that spouse was the utility company’s customer of record, the other spouse should contact the utility company promptly and open a new account in his or her own name. By practice, utility companies will generally agree to open a new account and not hold the surviving spouse or remaining spouse liable for the debts of the other spouse.
In either the surviving spouse or deserted spouse situation, a customer may need to call upon the assistance of an advocate or of the DPU’s Consumer Division, in the event the company does not readily agree to keep the arrearage off of the new account.
C. Roommates
Similar to the situation of two spouses, when one roommate who is the customer named on the utility bill moves out of an apartment, the remaining roommate is not responsible for the departed roommate’s bills.
D. Bills Placed in the Name of a Minor Family Member or Other Person
1. Introduction
A low-income family moving into a new residence may not be able to make a payment arrangement on a bill from an old address, which means the utility would refuse to turn on new service. In those instances, it is not uncommon for a parent to then put the bill in the name of a child in the household, or in the name of a relative or family friend, in order to get the service turned on. Whenever a client lets you know he or she is considering this, try to convince them not to do so. Putting a utility bill in someone else’s name can create one of the most difficult utility problems to solve.
If your client has already placed the bill in someone else’s name and is facing termination of utility service, here is some advice for your client, and for the person whose name is on the bill.
2. Advice for the person whose name is on the bill and is now seeking utility service in his or her own name
If a person’s name was put on the bill with permission (for example, a mother asks her 19 year old, “Can I put your name on the bill so we can get utility service?”): The named person is responsible for the bills. If the person was much younger than 18 at the time the utility account was created, there may be some exceptions which are too complicated to explain here.
If a person’s name was put on the bill without permission and is now seeking utility service in his or her own name: The named person should call the utility company and explain the situation. To resolve the matter, the utility company will likely require identification of the individual who opened the now delinquent account (which could have been a family member).10 It will be hard to get new service without providing this information. The utility company may also request that a complaint be filed with the police to corroborate the claim that the bill was placed in that person’s name without their permission. While the DPU does not have any rules about whether a utility company can require this, it is worthwhile to ask the Consumer Division for assistance and advice about whether filing a police report is necessary. And finally, the utility may also ask the named person to sue whoever opened the account in their name. This is an extremely unreasonable request; filing a lawsuit is costly and takes a very long time to resolve. If the utility makes this request, the Consumer Division should be contacted.
3. Advice for the person who put the utility bill in someone else’s name
These cases are very challenging. Because utility companies often consider these individuals as having committed a civil fraud, they may simply refuse to deal with the person at all. And the DPU may back up a utility company in taking this position. As such, anyone working with a client in this situation is advised to seek the assistance of an experienced utility advocate.
9 M.G.L. ch. 209, § 1
10 If the named person has no idea who opened the account, the potential solutions are too complicated to explain here. That person or their advocate should seek the assistance of the DPU Consumer Division or an agency that helps clients with utility problems.