Duke Energy
Utilities
66
out of 100. Number 69 of 512, counting from the worst.
Where Duke Energy does well
- As a regulated utility, Duke Energy's privacy policy cites specific state laws and utility-commission codes of conduct (Florida, Indiana, Kentucky, North Carolina, South Carolina, Ohio) that restrict disclosure of customer information to affiliates — real regulatory constraints most tech companies lack.
- Unlike many companies with forced arbitration, Duke Energy does offer a 30-day mail-in opt-out.
- Marketing emails carry a one-click unsubscribe link, and Californians get a Cookie Opt-out Preference Center for sale/sharing.
- The Florida non-regulated-product terms state nonpayment for optional add-ons 'will not result in disconnection of electric service.'
- The privacy statement says it does not sell or share sensitive personal information or minors' data.
Merely using duke-energy.com signs you into mandatory arbitration with a jury-trial waiver and class-action waiver.
The fine print
6 clauses and findings from the draft archive, dated 1 October 2026. The plain English comes first; the small print is the company's own words. None of these has been checked yet.
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Merely using duke-energy.com signs you into mandatory arbitration with a jury-trial waiver and class-action waiver. The only escape is to opt out within 30 days of first use via a physical letter mailed to Charlotte, NC with your account details — and 'failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void.'
YOU AND DUKE ENERGY AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (EACH, A 'DISPUTE') TO BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE)... YOU AND DUKE ENERGY WAIVE THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO HAVE A DISPUTE HEARD IN COURT.
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Duke Energy can rewrite its terms with zero notice to you. On top of that, the messaging terms add: 'Failure to withdraw after an update of the Collective Terms and Conditions will be considered as acceptance of the new terms and conditions' — staying enrolled in text/email alerts counts as agreeing to changes you were never told about. The Privacy Policy similarly 'may be updated periodically and without prior notice to you.'
DUKE ENERGY RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU BY POSTING UPDATED TERMS ON THIS SITE.
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Despite the headline claim 'We do not sell or otherwise share personal information about you except as described,' Duke Energy lets ad networks harvest your identifiers, online activity, geolocation, and inferred profile data for behavioral advertising — which its own statement admits counts as a CCPA 'sale.' It also states: 'Our Digital Services currently do not respond to "Do Not Track" signals.'
We may share your personal information by allowing certain third parties (such as online advertising services) to collect your personal information via automated technologies on our Digital Properties for cross-context behavioral advertising purposes. This kind of sharing may be considered a 'sale' or sharing (for cross-context behavioral advertising) under California law when the personal information is exchanged for non-monetary consideration.
Digital Privacy Policy — California Consumer Privacy Statement
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Move houses and Duke Energy tries to re-enroll your new account in automatic bank debits without asking again. Cancel auto-pay and it keeps debiting for up to one more billing cycle. And with paperless billing: 'non-receipt of such e-mail messages shall not excuse the late payment of any bill' — a missing email notification can still get you a late fee, and Duke Energy 'will not provide paper copies of your bill.'
If you transfer to a new address within the Duke Energy service territory and are issued a new account number while participating in the Paperless Billing Program, Duke Energy will attempt to enroll the new account in the Paperless Billing Program... Duke Energy will attempt to enroll the new address in Online Payment Services as well. / You may withdraw your authorization for Duke Energy to initiate debit transactions to the account(s) designated at any time by disabling this feature through the Site, but it may take one billing cycle after you withdraw such authorization before such withdrawal becomes effective.
Terms of Use of Site (Paperless Billing and Online Payment Services sections)
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Anything you type into Duke Energy's website — including its customer-support chat — becomes Duke Energy's property forever: they can modify it, publish it, and even sell it, with no compensation to you.
For all comments, feedback, suggestions, ideas, questions and other submissions disclosed, submitted, offered or otherwise communicated to Duke Energy on or through this Site, including any chat functionality available through the Site... you grant Duke Energy a royalty-free, irrevocable, transferable right and license to use the Comments however Duke Energy desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments.
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Hand over your email for outage or billing alerts and Duke Energy reserves the right to turn it into a marketing channel — signing up for service notifications quietly doubles as marketing consent.
If you provided us with your email address in order to receive alerts, we may use your email address to send you other types of information, including, without limitation, marketing messages.
How these were found
Documents read directly from duke-energy.com via browser_open on Oct 1, 2026: Terms of Use of Site (last updated April 3, 2023), Voice, SMS/Texting & Email Terms and Conditions (last updated April 3, 2023), and Digital Privacy Policy with embedded California Consumer Privacy Statement (last updated Aug. 5, 2025). No mirrors needed; automated fetching worked fine. Notes: (1) the arbitration clause governs 'use of the Site' — Duke Energy notes the Terms of Use do not supersede actual regulated utility service agreements; (2) a 2024 class-action complaint (Saunders v. Duke Energy, 3:24-cv-01074-FDW-SCR, filed 12/16/24) alleges a customer data breach — flagged from search results only, not verified against the full filing, so it was not scored; (3) regulated utilities face state-law restrictions on disclosing customer data to affiliates, which limits how much of the data-sharing behavior applies to core electric service.
These notes come from the original draft and are not independent verification.