Challenge A Smart Meter Mandate

GET ORGANIZED

Depending on your state, it may be possible to opt out of having a smart meter on your home or other private property. Individuals and communities may also use legal and policy grounds to fight smart meters.

STEP 1
Find Out If An Opt-Out Is Available

An "opt-out" for a smart meter allows consumers to choose not to have a smart meter installed at their property and to continue using a traditional analog or non-communicating digital meter instead. Opt-out laws for smart meters vary by state, with some states offering opt-out programs and others not. The status of these laws may change over time due to legislative updates or regulatory changes.

Take advantage of any opportunities that are available to opt out, pay fees, or utilize other options.

According to the National Conference of State Legislatures, the State Smart Meter Opt-Out Policies are as follows (As of August 20, 2019):

STEP 2
Hire A Lawyer

There are several potential legal grounds on which communities may oppose the installation of smart meters. These legal grounds may vary depending on the specific circumstances, jurisdictional laws, and regulatory frameworks. You may want to consider consulting with legal experts or advocacy organizations experienced in utility-related issues for guidance and support.

EMS Accommodations

If you have Electromagnetic Sensitivity (EMS), the most effective way to take legal action against your utility company is to seek an accommodation under the Americans with Disabilities Act (ADA Act). A disability rights attorney in your area will be best positioned to assist you.

Under ADA law, the disabled person cannot be forced to bear the cost of the accommodation. Regarding smart meters, this means that a person with an EMS disability should not be forced to pay monthly administration fees to the utility company because smart meters are not the service being rendered; they are merely the means to access the electric utility service. Roughly analogous to this is forcing a person in a wheelchair to pay to use an elevator to enter a restaurant since he or she cannot use the escalator that is provided to everyone else for free.

STEP 3
Advocate For Policy Change

Advocate for changes in utility policies, regulations, or legislation that address concerns about smart and digital utility meters. Encourage elected officials, regulatory agencies and industry stakeholders to adopt measures such as opt-out provisions, privacy safeguards, or stricter regulatory oversight of utility metering programs. Ask your legislators for a policy that gives consumers the right to decline smart utility meter installation, and require that a smart or digital utility meter be replaced with an analog meter at any time and with no fee.