The article didn't do a good job of explaining why the agreement between Home Depot and America Efficient is dubious. The business model does seem very suspicious, but also so does the whole market they are engaged in. Why is my utility company wasting money on auctioned efficiency data? Why don't the manufacturers share this with the utility companies for the common good of everyone? Why doesn't Home Depot make an offer to sell this data directly to the utility company? Why would anyone want to bid on this data? Why create that middle man?
The whole thing sounds like late-stage capitalist hogwash. This all seems very inconsequential except to make a bunch of rich people richer.