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Price Gouging Statues
ARKANSAS CODE OF 1987 ANNOTATED TITLE 4. BUSINESS AND COMMERCIAL LAW SUBTITLE 7. CONSUMER PROTECTION CHAPTER 88. DECEPTIVE TRADE PRACTICES SUBCHAPTER 3. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY 4-88-301 Emergencies and natural disasters -- Taking unfair advantage of consumers. The General Assembly hereby finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, or civil disturbances, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods or services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the General Assembly in enacting this subchapter to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency for goods and services that are vital and necessary for the health, safety, and welfare of consumers. Further, it is the intent of the General Assembly that this section be liberally construed so that its beneficial purposes may be served. CREDIT History. Acts 1997, No. 376, s 1. A.C.A. s 4-88-301 AR ST s 4-88-301 END OF DOCUMENT ARKANSAS CODE OF 1987 ANNOTATED TITLE 4. BUSINESS AND COMMERCIAL LAW SUBTITLE 7. CONSUMER PROTECTION CHAPTER 88. DECEPTIVE TRADE PRACTICES SUBCHAPTER 3. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY 4-88-302 Definitions. (a) "Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property. (b) "Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal. (c) "Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers. (d) "Gasoline" means any fuel used to power any motor vehicle or power tool. (e) "Goods" has the same meaning as defined in s 4-88-102(3). (f) "Housing" means any rental housing leased on a month-to-month term. (g) "Local emergency" means a natural or man-made disaster or emergency resulting from a tornado, earthquake, flood, fire, riot, or storm for which a local emergency has been declared by the executive officer or governing body of any city or county in Arkansas. (h) "Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products. (i) "Repair or reconstruction services" means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster. (j) "State of emergency" means a natural or man-made disaster or emergency resulting from a tornado, earthquake, flood, fire, riot, or storm for which a state of emergency has been declared by the President of the United States or the Governor. (k) "Transportation, freight, and storage services" means any service that is performed by any company that contracts to move, store, or transport personal or business property or rents equipment for those purposes. CREDIT History. Acts 1997, No. 376, s 1. A.C.A. s 4-88-302 AR ST s 4-88-302 END OF DOCUMENT ARKANSAS CODE OF 1987 ANNOTATED TITLE 4. BUSINESS AND COMMERCIAL LAW SUBTITLE 7. CONSUMER PROTECTION CHAPTER 88. DECEPTIVE TRADE PRACTICES SUBCHAPTER 3. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY 4-88-303 Prohibited unfair pricing practices. (a)(1) Upon the proclamation of a state of emergency resulting from a tornado, earthquake, flood, fire, riot, storm, or natural or man-made disaster declared by the President of the United States or the Governor, and upon the declaration of a local emergency resulting from a tornado, earthquake, flood, fire, riot, storm, or natural or man-made disaster by the executive officer of any city or county and for a period of thirty (30) days following that declaration, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than ten percent (10% ) above the price charged by that person for those goods or services immediately prior to the proclamation of emergency. (2) However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the good or service during the state of emergency, the price represents no more than ten percent (10% ) above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency. (b)(1) Upon the proclamation of a state of emergency resulting from a tornado, earthquake, flood, fire, riot, or storm declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from a tornado, earthquake, flood, fire, riot, or storm by the executive officer of any city or county, and for a period of one hundred eighty (180) days following that declaration, it is unlawful for any contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than ten percent (10% ) above the price charged by that person for those services immediately prior to the proclamation of emergency. (2) However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to the additional costs imposed by the contractor's supplier or additional costs of providing the service during the state of emergency, the price represents no more than ten percent (10% ) above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency. (c) The provisions of this section may be extended for additional thirty-day periods by a local governing body or the General Assembly if deemed necessary to protect the lives, property, or welfare of the citizens. (d) Any business offering an item for sale at a reduced price immediately prior to the proclamation of the emergency may use the price at which it usually sells the item to calculate the price pursuant to subsection (a) or (b) of this section. CREDIT History. Acts 1997, No. 376, s 1. A.C.A. s 4-88-303 AR ST s 4-88-303 END OF DOCUMENT ARKANSAS CODE OF 1987 ANNOTATED TITLE 4. BUSINESS AND COMMERCIAL LAW SUBTITLE 7. CONSUMER PROTECTION CHAPTER 88. DECEPTIVE TRADE PRACTICES SUBCHAPTER 3. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY 4-88-304 Penalties, remedies, and enforcement. (a) When a person violates this subchapter or a regulation prescribed under this subchapter, such violation shall constitute an unfair or deceptive act or practice as defined by this chapter. All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter. (b) Any person who is found to have violated this subchapter shall be guilty of a Class A misdemeanor and imprisoned not more than one (1) year and subject to a fine of not more than one thousand dollars ($1,000), or both, for each violation. (c) The remedies and penalties provided by this section are cumulative to each other, the remedies under s 17-25-301 et seq., and the remedies or penalties available under all other laws of this state. CREDIT History. Acts 1997, No. 376, s 1. A.C.A. s 4-88-304 AR ST s 4-88-304 END OF DOCUMENT ARKANSAS CODE OF 1987 ANNOTATED TITLE 4. BUSINESS AND COMMERCIAL LAW SUBTITLE 7. CONSUMER PROTECTION CHAPTER 88. DECEPTIVE TRADE PRACTICES SUBCHAPTER 3. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY 4-88-305 Preemption. Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this section. CREDIT History. Acts 1997, No. 376, s 1. A.C.A. s 4-88-305 AR ST s 4-88-305 END OF DOCUMENT WEST'S FLORIDA STATUTES ANNOTATED TITLE XXXIII. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS CHAPTER 501. CONSUMER PROTECTION 501.160. Rental or sale of essential commodities during a declared state of emergency; prohibition against unconscionable prices (1) As used in this section: (a) "Commodity" means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency. (b) It is prima facie evidence that a price is unconscionable if: 1. The amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends; or 2. The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends. (2) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of s. 501.204 for a person or her or his agent or employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as a direct result of the emergency. This prohibition remains in effect until the declaration expires or is terminated. (3) It is unlawful and a violation of s. 501.204 for any person to impose unconscionable prices for the rental or lease of any dwelling unit or self- storage facility during a period of declared state of emergency. (4) A price increase approved by an appropriate government agency shall not be a violation of this section. (5) This section shall not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency. (6) Nothing herein shall be interpreted to preempt the powers of local government except that the evidentiary standards and defenses contained in this section shall be the only evidentiary standards and defenses used in any ordinance adopted by local government to restrict price gouging during a declared state of emergency. (7) Section 501.211 notwithstanding, nothing in this section creates a private cause of action in favor of any person damaged by a violation of this section. (8) Any violation of this section may be enforced by the Department of Agriculture and Consumer Services, the office of the state attorney, or the Department of Legal Affairs. CREDIT CREDIT(S) 2002 Main Volume Amended by Laws 1997, c. 97-103, s 627, eff. July 1, 1997. 2003 Electronic Update Amended by Laws 2002, c. 2002-295, s 28, eff. July 1, 2002. HISTORICAL AND STATUTORY NOTES Laws 2002, c. 2002-295, s 28, added subsec. (8), relating to enforcement of violations of this section. Derivation: Laws 1992, c. 92-353, s 1. Laws 1997, c. 97-103, eff. July 1, 1997, removed gender-specific references applicable to human beings without substantive changes in legal effect. Preamble (Laws 1992, c. 92-353): "WHEREAS, the health, safety, and welfare of the citizens of this state depend on the availability and affordability of certain essential commodities, and "WHEREAS, in recent years, during certain periods of disaster, consumers have experienced dramatic increases in the prices of certain essential commodities, and, in many instances, have had to pay prices that were unconscionable and excessive, and "WHEREAS, control over pricing of these commodities represents a permissible power of the state, and it is in the public interest to require that price- gouging with respect to these commodities be prohibited and made subject to penalties and civil remedies, and "WHEREAS, legislation is necessary to prohibit any person from raising market prices on commodities to excessive, unconscionable or unfair levels during a declared state of emergency, and "WHEREAS, it is not the intent of this legislation to apply this law to the reasonable pricing practices of raw or processed food products that occur as a direct result of a declared state of emergency or relevant national or international market conditions, NOW, THEREFORE." West's F. S. A. s 501.160 FL ST s 501.160 END OF DOCUMENT GUAM CODE ANNOTATED TITLE 5. GOVERNMENT OPERATIONS DIVISION 3. LEGAL & CONSUMER AFFAIRS CHAPTER 32. TRADE PRACTICES AND CONSUMER PROTECTION ARTICLE 2. DECEPTIVE ACTS AND PROHIBITED PRACTICES s 32201. Deceptive Trade Practices Unlawful. (a) False, mislead ing, or deceptive acts or practices, including, but not limited to those listed in this chapter, are hereby declared unlawful and are subject to action by the Attorney General or any person as permitted pursuant to this chapter or other provisions of Guam law. A violation consisting of any act prohibited by this title is in itself actionable, and may be the basis for damages, rescission, or equitable relief. The provisions of this chapter are to be liberally construed in favor of the consumer, balanced with substantial justice, and violation of such provisions may be raised as a claim, defense, crossclaim or counterclaim. (b) The term false, misleading, or deceptive acts or practices includes, but is not limited to, the following acts by any person or merchant, which acts are hereby prohibited and declared illegal and contrary to public policy if committed by any person or merchant: (1) Passing off goods or services as those of another; or (2) Causing confusion or misunderstanding as to the source, sponsorship, approval or certification of goods or services; or (3) Causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; or (4) Using deceptive representations or designations of geo graphic origin in connection with goods or services; or (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not; or (6) Representing that goods are original or new if the goods are deteriorated or used: (A) Motor vehicles shall be considered new or used based on the definitions of new and used motor vehicles as defined by the U.S. Federal Trade Commission; or (7) In selling or attempting to sell goods or services by making statements; or representations in violation of ss 40120 or 40121, Title 10, Guam Code Annotated, or false medical claims or false health claims; or (8) Representing by statements of fact that consumer goods or consumer services offered for sale have a grossly inflated value which the seller knows to be false and which is not based on the true retail value of the goods or services or comparables. Merely marking a grossly inflated price on an item or requesting a grossly inflated price is not by itself a violation of this subsection; or (9) Knowingly billing a consumer for goods or services knowing that the consumer has already paid the amounts billed; or (10) Charging or attempting to charge a consumer for goods or services not provided or not to be provided; or (11) Charging or attempting to charge a consumer who has previously contracted to buy goods or services additional charges, including taxes, not previously agreed to in the contract as a condition of performance; or (12) Knowingly representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prorepresentations knows such representations to be false; or (13) Knowingly misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction; or (14) Disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge; or (15) Selling or offering to sell, either directly or associated with the sale of goods or services, a right of participation in a multi-level distributorship. As used herein, multi-level distributorship means a sales plan for the distribution of goods or services in which promises of rebate or payment are made to individuals, conditioned upon those individuals recommending or securing additional individuals to assume positions in the sales operation, and where the rebate or payment is not exclusively conditioned on or in relation to proceeds from the retail sales of goods, provided that nothing herein shall prohibit the sale of a sales or presentation kit to prospective salespersons for Five Hundred Dollars ($500) or less; provided, that the kit is sold at not more than the actual cost to the seller, that no commission is paid on the sale of the kit, and that a full refund (less any demonstration products used) is offered to the buyer for thirty (30) days after the delivery of the kit if the buyer returns the kit to the seller, whether or not the kit is used; and provided further that if the kit was purchased on Guam the kit can be returned to a location in Guam and the refund immediately collected thereat and if pur chased off-island can be returned to the place of purchase for the refund; or (16) Representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced; all replaced parts must be given to the consumer who may, if he chooses, return such replaced parts to the repairer for rebuilding; or (17) Using the term corporation, incorporated, limited, or an abbreviation of any of those terms in the name of a business entity that is not incorporated under the laws of Guam or other jurisdic tion; or (18) Retaining deposits for goods and services without actually delivering the goods or services as promised and after a written demand for immediate performance or refund has been made by the consumer; or (19) Accepting a deposit (including money taken for a reserva tion) by a developer or merchant from a purchaser of land, building (including homes) or condominium unit without first fixing in a written contract a firm dollar price for the land, building, or condominium, which writing shall be enforceable against the buyer and the seller. Any such deposit must be placed in escrow in a interest bearing account with a duly licensed title insurance company or bank, with the interest to the credit of the purchaser. If a deposit is taken in violation of this subsection for the purchase of land, building, or condominium, the purchaser may at his option revoke the transaction with penalty as provided below or at his request the court may order specific performance of the contract at a price the same as the court finds the seller paid to purchase or acquire the land plus one-half (1/2) of any increase in the fair market value of the land as of the time the deposit was accepted, plus the actual costs of constructing any building or condominium unit on the land, exclusive of administrative costs, sales costs, and adminis trative overhead. In the alternative, in the event of a violation of this subsection, at the sole option of the consumer, the consumer may revoke the transaction and shall be entitled to a refund of three (3) times the amount of deposit and all other sums paid to the seller; or (20) Knowingly selling or offering to sell goods to any person which the seller has no right to sell or goods for which the seller cannot deliver clear title to the person as agreed. Nothing herein shall prevent the sale of goods which are subject to liens and encumbrances if revealed in writing to the buyer at or before the time of sale. Nothing in this chapter shall excuse compliance with the Bulk Sales Act; or (21) Knowingly misrepresenting to a purchaser that goods are immediately available for delivery. Unless a contract or receipt provides otherwise, goods must be delivered to the consumer within fourteen (14) days of the payment therefor; or (22) Knowingly selling or offering to sell goods or services which the seller thereof is not licensed to sell or offer for sale; or (23) Knowingly selling or offering to sell services which the seller thereof is not capable of providing; or (24) Knowingly selling or offering to sell goods which the seller thereof does not have and cannot reasonably obtain for delivery to the consumer in a reasonable time; or (25) Knowingly making false statements of fact as to the results of purchasing or using goods or services; or (26) Threatening economic retaliation or physical damage to any person or to any person's property if goods or services are not purchased; or (27) Violating any rule or regulation of the U.S. Federal Trade Commission; or (28) Violating any rule or regulation of the U.S. Food and Drug Administration; or (29) Doing any other act which is prohibited by the laws of Guam to mislead a consumer to his detriment or to induce another person to buy or sell goods or services to such person's detriment. (c) The term false, misleading, or deceptive acts or practices includes, but is not limited to, the following acts committed by merchants. The following acts are hereby prohibited and declared illegal and contrary to public policy when done by any merchant: (1) Knowingly representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particu lar style or mode, if they are of another; or (2) Disparaging the goods, services, or business of another by false or grossly misleading representation of facts; or (3) Advertising goods or services with intent not to sell them as advertised; or (4) ("Bait and switch" prohibited) Advertising goods or services with intent not to sell them as advertised, but rather to induce a consumer into purchasing similar but more expensive goods or services; or (5) Advertising goods or services with intent not to supply a reasonably expectable public demand, unless the advertisements disclose a limitation of quantity; or (6) Making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions; pro vided, that nothing herein shall prohibit a "sale", clearance sale, seasonal or holiday sale, or a sale based on reasons which are not misleading and which do not falsely imply a distressed or forced sale; or (7) Inducing consumers into a business establishment by offering free gifts as an inducement to enter the establishment and then refusing to give such free gifts as promised; or (8) Falsely stating that one is selling or liquidating goods which are distressed, damaged or misrouted when the goods are not distressed, damaged, or misrouted; or (9) Failing or refusing to apply against the purchase price of goods or services a deposit made by the consumer; or (10) Advertising any sale by fraudulently representing that a person is going out of business; or (11) Basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; or (12) Inducing a consumer to purchase repair services or repair parts by knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service; or (13) As to comprehensive and collision insurance insuring the vehicle of an insured on policies written after the effective date of this chapter, an insurer may not pay a consumer less than the face amount of an insurance policy for a covered loss, and the insurer is estopped from denying that the face amount of the policy, whether an original or renewal policy, showing the vehicle's value upon which the insurance premium was based, is the true value of the vehicle, unless the insurer can show by a preponderance of the evidence: (A) That the vehicle insured was damaged by an unin sured cause since the policy was written; or (B) That the vehicle has accumulated mileage in excess of sixteen thousand (16,000) miles per year or part thereof since the vehicle was first registered, and that the excess mileage situation did not exist when the policy was written; or (C) That the insured fraudulently and materially misrep resented material facts concerning the value of the property insured (the insured's statement as to the estimated of the value of the vehicle is not a misrepresentation of fact concern ing the value of the vehicle); or (D) That because of multiple insurance policies, a co-insurance situation exists. An insurer may include in a policy of insurance a schedule showing the depreciated value of the vehicle at various times during the life of the policy, but in such case, the premium shall be based upon the average daily value of the vehicle over the life of the policy. In such case, for purposes of this subsection, the face amount of the policy indicating the vehicle's value shall be considered to be the value of the vehicle as shown in the depreciation schedule on the date of loss. (14) Including a co-insurance clause in any policy of casualty or liability insurance which would limit the liability of the insurance carrier based upon a theory of self-insurance by the insured. Co-insurance shall apply only when there is overlapping insurance by two (2) or more policies. In any case of dual insurance coverage, the policy limits of insurance shall be the total limits of all policies, with payment of claims pro-rated among the various policies. The provisions of this subsection do not apply to insurance for typhoons or earthquakes; provided, that in such cases a seller of insurance shall provide in a separate writing to the insured who purchases a policy of typhoon or earthquake insurance subject to a co-insurance clause an explanation of co-insurance, with the insured to sign an acknowledgement of having read the explanation. Nothing in this subsection shall prohibit the use in casualty or liability insurance policies of "deductible" clauses whereby specific sums are deducted from the losses before payment by the insurer. (15) Representing that a guarantee or warranty confers or involves rights or remedies which it does not have or involve; provided, however, that nothing in this chapter shall be construed to expand the implied warranty of merchantability as defined in ss 2314 through 2318, Title 13, Guam Code Annotated, to include obligations in excess of those which are appropriate to the goods; or (16) Representing that parts have been replaced in goods with new parts in making repairs for a consumer when in fact used parts were used for replacement. When used parts are used in repairs, the exact description of used parts to be used shall be revealed in a writing signed and approved by the consumer prior to commencing repairs or prior to installing or selling such parts. The description of the used parts revealed prior to use and also on the final billing may not be a printed part of any pre-printed contract, but shall be hand written, typed, or computer printed in at least 10 point type. A consumer need not pay for any goods or services used for any repair job in which used parts are used in violation of this subsection, and is entitled to a refund of any amounts already paid therefor. This subsection does not apply to used parts for which the consumer is not charged, nor does it apply to used parts having a total value of Five Dollars ($5) or less and which are essentially the same as new parts. A merchant hired by a consumer to repair an appliance or vehicle must give the consumer in advance of repair a written estimate of the cost of such repair, and must notify the consumer in writing when the repairs will cost more than the estimate; after receipt of which notice the consumer shall have twenty-four (24) hours to decide whether to pay the additional charges, failing which agreement the repairer shall undertake no additional repairs and shall return the item to the consumer, charging only for the work performed, and in no case more than the estimate. (17) Failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed. A merchant of vehicles shall reveal to a consumer in writing prior to sale all previous damage to a vehicle and known to the merchant and all repair work done on a vehicle by the merchant or at the merchant's instruction prior to signing a contract of sale or selling a vehicle, and revealing any used parts which were used in the repairs; or (18) Charging consumers different prices for the same goods or services on account of the race, ethnic origin, color, creed, sex, sexual preference, handicap or age of the consumers; provided however, that nothing in this subsection shall prevent a merchant from giving discounts to local residents. (19) Violating subparagraphs (f) (marking of outdated food, etc), (g) (damaged consumer products), (h) (marking of water-added products), (i) (sale of cans of rusty food), or (j) all of s 40120, Title 10, Guam Code Annotated; (20) Violating Regulation Z of the United States Federal Reserve Board in the financing of the sale of goods or services; or (21) Price gouging in time of disaster prohibited. (i) It shall be an unfair trade practice for any merchant or landlord to increase the price of any goods, services, or dwelling rentals on the basis of shortage anticipated or caused by any disaster. A merchant may add to the normal sales price of goods normally imported by sea incremental freight costs caused as a result of air freight actually incurred, and may pass on to customers actual overtime labor costs for services in addition to regular charges. (ii) After a disaster in which there is serious damage to five hundred (500) or more of the permanent residential units on the island caused by the disaster, after a typhoon bringing sustained winds to Guam of 100 miles per hour or more, or after an earth quake that affects Guam with a reading on Guam greater than 7.0 on the Richter Scale, the Governor may, by executive order, freeze residential rents to levels in effect the day before the disaster, for up to 120 days from the date of the disaster, which freeze may not be thereafter extended. (iii) On declaration of Typhoon Condition 1, 2 or 3, or after a disaster in which five hundred (500) or more of the permanent residential units on the island are substantially damaged by the disaster, after a typhoon bringing sustained winds to Guam of 100 miles per hour or more, or after an earthquake that affects Guam with a reading on Guam greater than 7.0 on the Richter Scale, the Governor may, by executive order, freeze mark-ups and prices on designated goods and services which he finds to be in short supply or in danger of being in short supply as a result of the disaster to levels in effect the day before the disaster, for up to thirty (30) days after the disaster, which freeze may not be extended. A merchant may add to the normal sales prices of the goods the increased import cost of the goods, for all goods normally imported by sea, and incremental freight costs caused as a result of air freight actually incurred. (iv) Merchants and landlords violating this subsection (21) shall be subject to the same damages, penal ties and other liabilities provided in this chapter and for damages equal to three (3) times the amounts of all gross profits on overcharged goods or five (5) times the amount of overcharges for services or rentals, in addition to all other damages and remedies allowed by law or equity, and may be temporarily and permanently restrained and enjoined from further violation without the applicant therefor being required to post bond. (v) The price on all wholesale and retail goods shall be frozen at any time the Governor of Guam declares Guam to be in Typhoon Condition I or Typhoon Condition II and thereafter for 72 hours after Guam goes back into Typhoon Condition IV. The normal sales prices of goods shall include the increased import costs of the goods for all goods normally imported by sea, and incremental freight costs caused as a result of air freight actually incurred. CREDIT SOURCE: Subsection (c)(21) added by P.L. 22-34:1 (9/27/93). 5 G.C.A. s 32201 GU ST T. 5, s 32201 END OF DOCUMENT WEST'S ANNOTATED INDIANA CODE TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 6. ATTORNEY GENERAL CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES 4-6-9.1-1 Applicability; definitions Sec. 1. (a) Sections 1 through 7 of this chapter apply to the period during which an emergency is declared and the twenty-four (24) hours before the declaration by the governor under IC 10-4-1-7 or IC 10-4-1-7.1. (b) The definitions in IC 10-4-1-3 apply to this chapter. CREDIT(S) 2002 Electronic Update As added by P.L.124-2002, SEC.1. HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 2002 Legislation P.L.124-2002, Sec.1, emerg. eff. March 26, 2002. I.C. 4-6-9.1-1 IN ST 4-6-9.1-1 END OF DOCUMENT IN ST 4-6-9.1-2 WEST'S ANNOTATED INDIANA CODE TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 6. ATTORNEY GENERAL CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES 4-6-9.1-2 "Price gouging" defined Sec. 2. For purposes of this chapter, "price gouging" means charging a consumer an unconscionable amount for the sale of fuel. Price gouging occurs if: (1) the amount charged grossly exceeds the average price at which fuel was readily obtainable within the retailer's trade area during the seven (7) days immediately before the declaration of emergency; and (2) the increase in the amount charged is not attributable to cost factors to the retailer, including replacement costs, taxes, and transportation costs incurred by the retailer. CREDIT CREDIT(S) 2002 Electronic Update As added by P.L.124-2002, SEC.1. HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 2002 Legislation P.L.124-2002, Sec.1, emerg. eff. March 26, 2002. I.C. 4-6-9.1-2 IN ST 4-6-9.1-2 END OF DOCUMENT IN ST 4-6-9.1-3 WEST'S ANNOTATED INDIANA CODE TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 6. ATTORNEY GENERAL CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES 4-6-9.1-3 Powers of attorney general Sec. 3. The attorney general has the following powers and duties regarding price gouging: (1) To investigate complaints received claiming price gouging. (2) To seek injunctive relief as appropriate. (3) To seek restitution for victims of price gouging. (4) To institute an action to levy and collect a civil penalty. CREDIT CREDIT(S) 2002 Electronic Update As added by P.L.124-2002, SEC.1. HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 2002 Legislation P.L.124-2002, Sec.1, emerg. eff. March 26, 2002. I.C. 4-6-9.1-3 IN ST 4-6-9.1-3 END OF DOCUMENT IN ST 4-6-9.1-4 WEST'S ANNOTATED INDIANA CODE TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 6. ATTORNEY GENERAL CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES 4-6-9.1-4 Confidentiality of information; release of aggregate information; application to court for protection when subpoenaed Sec. 4. (a) Information obtained during the attorney general's investigation under this chapter, including information from a person who responds to the investigation and designates the information as confidential, must be maintained as confidential until the investigation is completed by the attorney general and a course of action is determined. The attorney general may not make known in any manner any information obtained in the course of the investigation to persons other than those specified in subsection (c). Once the investigation is completed, if there is an agreed upon settlement or if charges are filed, the information becomes public. (b) The attorney general shall make available to the public, upon request, aggregate information concerning complaints of price gouging. The aggregate data may not identify particular persons or locations under investigation. (c) For purposes of this section, references to the attorney general include other individuals designated in writing and acting on behalf of the attorney general during the investigation. A person designated shall preserve the confidentiality of information under subsection (a). (d) A person who is served with a request for information, a subpoena to give testimony orally or in writing, or a request or order to produce books, papers, correspondence, memoranda, agreements, or other documents or records under this chapter may apply to any court for protection against abuse or hardship. CREDIT CREDIT(S) 2002 Electronic Update As added by P.L.124-2002, SEC.1. HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 2002 Legislation P.L.124-2002, Sec.1, emerg. eff. March 26, 2002. I.C. 4-6-9.1-4 IN ST 4-6-9.1-4 END OF DOCUMENT IN ST 4-6-9.1-5 WEST'S ANNOTATED INDIANA CODE TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 6. ATTORNEY GENERAL CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES 4-6-9.1-5 Action; civil penalty Sec. 5. If an investigation by the attorney general results in a finding of price gouging, the attorney general may bring an action in a circuit or superior court with jurisdiction in the county where the price gouging allegedly occurred. If the court finds that the retailer engaged in price gouging, the court may assess a civil penalty against the retailer. The civil penalty may not be more than one thousand dollars ($1,000) per transaction. CREDIT CREDIT(S) 2002 Electronic Update As added by P.L.124-2002, SEC.1. HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 2002 Legislation P.L.124-2002, Sec.1, emerg. eff. March 26, 2002. I.C. 4-6-9.1-5 IN ST 4-6-9.1-5 END OF DOCUMENT IN ST 4-6-9.1-6 WEST'S ANNOTATED INDIANA CODE TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 6. ATTORNEY GENERAL CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES 4-6-9.1-6 Penalties deposited in state fund Sec. 6. Civil penalties collected under section 6 of this chapter must be deposited in the state general fund. CREDIT(S) 2002 Electronic Update As added by P.L.124-2002, SEC.1. HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 2002 Legislation P.L.124-2002, Sec.1, emerg. eff. March 26, 2002. I.C. 4-6-9.1-6 IN ST 4-6-9.1-6 END OF DOCUMENT IN ST 4-6-9.1-7 WEST'S ANNOTATED INDIANA CODE TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 6. ATTORNEY GENERAL CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES 4-6-9.1-7 Preemption Sec. 7. This chapter preempts the power of local governments to regulate pricing of commodities under a declaration of emergency: (1) under IC 10-4-1-7; (2) under IC 10-4-1-7.1; or (3) by a local government. CREDIT(S) 2002 Electronic Update As added by P.L.124-2002, SEC.1. HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 2002 Legislation P.L.124-2002, Sec.1, emerg. eff. March 26, 2002. I.C. 4-6-9.1-7 IN ST 4-6-9.1-7 END OF DOCUMENT LA R.S. 29:732 WEST'S LOUISIANA STATUTES ANNOTATED LOUISIANA REVISED STATUTES TITLE 29. MILITARY, NAVAL, AND VETERANS' AFFAIRS CHAPTER 6. THE LOUISIANA EMERGENCY ASSISTANCE AND DISASTER ACT s 732. Price gouging; prohibited A. During a state of emergency as declared by the governor or as declared by the parish president, the value received for goods and services sold within the designated emergency area may not exceed the prices ordinarily charged for comparable goods and services in the same market area at, or immediately before, the time of the state of emergency. However, the value received may include reasonable expenses and a charge for any attendant business risk, in addition to the cost of the goods and services which necessarily are incurred in procuring the goods and services during the state of emergency. B. Each sale or offer for sale in violation of this Section constitutes a separate offense. C. The penalties provided in R.S. 29:734 are in addition to civil remedies provided by law, including attorney's fees. D. Local governing authorities may adopt appropriate ordinances to implement the provisions of this Section. CREDIT(S) 2003 Main Volume Acts 1993, No. 800, s 1, eff. June 22, 1993. HISTORICAL AND STATUTORY NOTES 2003 Main Volume Source: Acts 1990, No. 512, s 2. R.S. 29:711. Former Chapter 6, consisting of R.S. 29:701 to 29:716 was amended and reenacted by Acts 1993, No. 800, s 1, effective June 22, 1993, to consist of R.S. 29:721 to 29:736. For disposition of the subject matter of the former sections, see table preceding R.S. 29:701. (Enter GM.) Another R.S. 29:732, added by Acts 1992, No. 207, s 1, providing the text of the National Guard Mutual Assistance Counter-Drug Activities Compact, was redesignated as R.S 29:742 pursuant to the statutory revision authority of the Louisiana State Law Institute. LSA-R.S. 29:732 LA R.S. 29:732 END OF DOCUMENT NY GEN BUS S 396-r MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED GENERAL BUSINESS LAW CHAPTER 20 OF THE CONSOLIDATED LAWS ARTICLE 26--MISCELLANEOUS s 396-r. Price gouging 1. Legislative findings and declaration. The legislature hereby finds that during periods of abnormal disruption of the market caused by strikes, power failures, severe shortages or other extraordinary adverse circumstances, some parties within the chain of distribution of consumer goods have taken unfair advantage of consumers by charging grossly excessive prices for essential consumer goods and services. In order to prevent any party within the chain of distribution of any consumer goods from taking unfair advantage of consumers during abnormal disruptions of the market, the legislature declares that the public interest requires that such conduct be prohibited and made subject to civil penalties. 2. During any abnormal disruption of the market for consumer goods and services vital and necessary for the health, safety and welfare of consumers, no party within the chain of distribution of such consumer goods or services or both shall sell or offer to sell any such goods or services or both for an amount which represents an unconscionably excessive price. For purposes of this section, the phrase "abnormal disruption of the market" shall mean any change in the market, whether actual or imminently threatened, resulting from stress of weather, convulsion of nature, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, or other cause of an abnormal disruption of the market which results in the declaration of a state of emergency by the governor. For the purposes of this section, the term consumer goods and services shall mean those used, bought or rendered primarily for personal, family or household purposes. This prohibition shall apply to all parties within the chain of distribution, including any manufacturer, supplier, wholesaler, distributor or retail seller of consumer goods or services or both sold by one party to another when the product sold was located in the state prior to the sale. Consumer goods and services shall also include any repairs made by any party within the chain of distribution of consumer goods on an emergency basis as a result of such abnormal disruption of the market. 3. Whether a price is unconscionably excessive is a question of law for the court. (a) The court's determination that a violation of this section has occurred shall be based on any of the following factors: (i) that the amount of the excess in price is unconscionably extreme; or (ii) that there was an exercise of unfair leverage or unconscionable means; or (iii) a combination of both factors in subparagraphs (i) and (ii) of this paragraph. (b) In any proceeding commenced pursuant to subdivision four of this section, prima facie proof that a violation of this section has occurred shall include evidence that (i) the amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such consumer goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the abnormal disruption of the market or (ii) the amount charged grossly exceeded the price at which the same or similar goods or services were readily obtainable by other consumers in the trade area. A defendant may rebut a prima facie case with evidence that additional costs not within the control of the defendant were imposed on the defendant for the goods or services. 4. Where a violation of this section is alleged to have occurred, the attorney general may apply in the name of the People of the State of New York to the supreme court of the State of New York within the judicial district in which such violations are alleged to have occurred, on notice of five days, for an order enjoining or restraining commission or continuance of the alleged unlawful acts. In any such proceeding, the court shall impose a civil penalty in an amount not to exceed ten thousand dollars and, where appropriate, order restitution to aggrieved consumers. CREDIT(S) 1996 Main Volume (Added L.1979, c. 730, s 1; amended L.1995, c. 400, s 1.) 2003 Electronic Update (As amended L.1998, c. 510, s 1, eff. July 29, 1998.) <<GENERAL BUSINESS LAW>> <Laws 1909, Chapter 25> HISTORICAL AND STATUTORY NOTES 2003 Electronic Update L.1998, c. 510 legislation L.1998, c. 510, s 1, rewrote the section. 1996 Main Volume 1995 Amendments. Subd. 2. L.1995, c. 400, s 1, eff. Aug. 2, 1995, expanded the definition of consumer goods and services to include repairs made by a merchant on an emergency basis as a result of an abnormal disruption of the market. Subd. 4. L.1995, c. 400, s 1, eff. Aug. 2, 1995, required, rather than permitted, the court to impose a civil penalty; and, increased the maximum of such penalty to $10,000 from $5,000. Effective Date. Section effective Nov. 5, 1979, pursuant to L.1979, c. 730, s 2. McKinney's General Business Law s 396-r NY GEN BUS s 396-r END OF DOCUMENT
MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED GENERAL BUSINESS LAW CHAPTER 20 OF THE CONSOLIDATED LAWS ARTICLE 26--MISCELLANEOUS s 396-rr. Price gouging; milk 1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Person" shall mean the owner or owners, including any individual, partnership, association, firm, or corporation, of an establishment engaged in the retail sale of milk; (b) "Commissioner" shall mean the commissioner of agriculture and markets; and (c) "Fluid milk" shall mean milk, skim milk or lowfat milk in consumer sized packages sold or offered for sale for off premise consumption. 2. Whenever the commissioner has established a minimum price for milk paid to producers pursuant to section two hundred fifty-eight-m of the agriculture and markets law and such state ordered minimum price is higher than the price set for milk within the state pursuant to the New York-New Jersey milk marketing order, or at any time when the retail price of fluid milk exceeds two hundred percent of the price for class I fluid milk, it shall be the responsibility of the commissioner in consultation with state and local agencies as the commissioner deems appropriate, to examine the price of fluid milk at retail to determine if the prices of fluid milk sold or offered for sale in the state or in any area thereof appear to the commissioner unconscionably excessive. Upon a determination by the commissioner that the price of fluid milk being sold or offered for sale appears unconscionably excessive in a particular area of the state, the commissioner shall, by written notice, provide any person found to be selling or offering for sale fluid milk at such price, an opportunity to discontinue such price levels or to demonstrate that it is not unconscionably excessive. Any person, so notified, who does not submit a written reply within three business days of the receipt of such notice, and who does not within such time satisfy the commissioner that the price level which resulted in the issuance of the notice is justifiable or has been terminated shall be identified in the commissioner's determination as a person apparently in violation of subdivision three of this section. Following such notice to and opportunity for such person to respond, the commissioner shall forward his or her determination, in writing, together with all supporting evidence, to the attorney general. 3. No person shall sell or offer for sale fluid milk for an amount which represents an unconscionably excessive price. 4. Whether a price is unconscionably excessive is a question of law for the court. Evidence that: (a) the price charged at retail for fluid milk represents a gross disparity between the raw milk price paid to producers plus a reasonable handler's processing and distribution charge and the price at retail; or (b) the price charged at retail for fluid milk increased a greater amount than the price increased for an equivalent volume paid to producers under an order or interim price of the commissioner pursuant to section two hundred fifty- eight-m of the agriculture and markets law; and (c) in addition to paragraphs (a) and (b) of this subdivision, the increased price charged by the person was not attributable to additional charges imposed by its suppliers, or other charges beyond the control of the person, including the cost of labor, shall constitute prima facie proof of a violation of this section in any proceeding commenced by the attorney general pursuant to subdivision five of this section. 5. Where a determination and all supporting evidence have been forwarded from the commissioner, the attorney general may apply in the name of the people of the state of New York to the supreme court of the state of New York within the judicial district in which such violations are alleged to have occurred, on notice of five days, for an order enjoining or restraining commission or continuance of the alleged unlawful acts. In any such proceeding, the court shall determine the total excessive charge for fluid milk sold. In such proceeding, the court shall assess a civil penalty in the sum of the total excessive charge for fluid milk sold plus an amount not to exceed: (a) one thousand dollars, where the aggregate amount of fluid milk sold is one thousand gallons or less per week; or (b) five thousand dollars, where the aggregate amount of fluid milk sold exceeds one thousand gallons per week; and (c) in addition to paragraphs (a) and (b) of this subdivision where appropriate, order restitution to aggrieved consumers. 6. The commissioner shall promulgate all rules and regulations to effectuate the purposes of this section. CREDIT(S) 1996 Main Volume (Added L.1991, c. 84, s 3.) <<GENERAL BUSINESS LAW>> <Laws 1909, Chapter 25> HISTORICAL AND STATUTORY NOTES 1996 Main Volume Codification. No ss 396-cc to 396-qq have been enacted. Effective Date; Pending Procedures Unaffected. L.1991, c. 84, s 6, provided: "This act [adding this section, amending Agriculture and Markets Law s 258-m and State Administrative Procedure Act s 102 and adding provisions set out as notes under this section] shall take effect immediately [May 2, 1991] and shall govern, but shall neither impair nor impede any on- going process or procedure which has been instituted pursuant to a petition pending upon the effective date of this act or require the commissioner of agriculture and markets to delay nor reinitiate any proceeding pending on the effective date of this act." Legislative Findings and Declarations of Policy of L.1991, c. 84. L.1991, c. 84, s 1, eff. May 2, 1991, provided: "The legislature finds that the continued production of milk in the state is threatened by a rapid decline in the prices paid to farmers for milk. The farm gate price for milk decreased by twenty- seven percent from January 1990 to January 1991. Further, the legislature finds that this substantial decrease in farm price has not been reflected in reduced costs to consumers, and that retail fluid milk prices have been slow to respond to raw milk price decreases. This has resulted in concern by the legislature that some persons may have taken unfair advantage of consumers by charging unwarranted and grossly excessive prices for milk. "In order to ensure that quality milk is available in the state, the legislature has enacted section 258-m of the agriculture and markets law, referred to as the Rogers-Allen act, which provides authority to the commissioner of agriculture and markets to establish, on being petitioned to do so, after notice and public hearing, upon finding the existence of conditions as specified in section 258-k of the agriculture and markets law such that the public interest requires the setting of a price for milk, and upon the approval of two-thirds of the producers, a minimum price for milk paid to producers. The legislature finds that the time required to complete the process set out in section 258-m of the agriculture and markets law is excessive to meet the legitimate needs of the parties to this process. The legislature therefore finds it to be in the best interest of the people of the state to expedite this process. "The legislature finds that an emergency exists at the present time which requires the adoption of urgent measures. As a result, the commissioner of agriculture and markets shall set an interim price to assist New York dairy farmers in this current crisis. "The legislature further finds that future emergency conditions may arise and that a mechanism must be established to require the commissioner, upon a petition and written request by petitioner, to set an interim price. "The legislature also determines that during any period when the commissioner has utilized the authority set out in the Rogers-Allen act and a state ordered price for milk paid to farmers is established on a temporary or permanent basis, and such state-ordered minimum price is higher than the price set for milk within the state, pursuant to the New York-New Jersey milk marketing order, or at any time when the retail price for fluid milk exceeds two hundred percent of the price for class I fluid milk, then such condition or such situation shall constitute an abnormal disruption of the market, and milk pricing at retail will be subject to the provisions of section 396-r and 396-rr of the general business law." Initial Interim Price for Milk. L.1991, c. 84, s 5, eff. May 2, 1991, provided: "Notwithstanding any section of this act [adding this section, amending Agriculture and Markets Law s 258-m and State Administrative Procedure Act s 102, and adding provisions set out as notes under this section] or any law to the contrary, within 5 business days of the effective date of this act [May 2, 1991] the commissioner of agriculture and markets shall set an interim price for class I fluid milk, and may set an interim price for class II and/or III milk. In determining such interim price, the commissioner shall take into consideration, among other factors: (a) the prices being paid to producers; (b) the costs of production to producers; (c) any changes in the ratio of index of prices received for milk to index of prices paid by dairy farmers; (d) the level of prices paid to producers in adjoining markets; and (e) the interests of the general public. Such interim price shall apply to any milk purchased on or after the first day of the month following such determination." McKinney's General Business Law s 396-rr NY GEN BUS s 396-rr END OF DOCUMENT SC ST S 39-5-145 CODE OF LAWS OF SOUTH CAROLINA 1976 ANNOTATED TITLE 39. TRADE AND COMMERCE CHAPTER 5. UNFAIR TRADE PRACTICES ARTICLE 1. GENERAL PROVISIONS s 39-5-145. Price gouging during emergency; definitions; penalty; evidence of knowledge or intent. (A) As used in this section: (1) "Commodity" means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency. (2)(a) "Unconscionable price" means an amount charged, which: (i) represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit or other temporary lodging, or self- storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or regional, national, or international market trends; or (ii) grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or regional, national, or international market trends. (b) It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii). (B)(1) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to: (a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or (b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared. (2) This prohibition remains in effect until the declaration expires or is terminated. (C)(1) Upon a declaration of a state of disaster by the President, in which the disaster area includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee in this State to: (a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or (b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared. (2) This prohibition remains in effect until the declaration expires or is terminated. (D) A price increase approved by an appropriate government agency is not a violation of this section. (E) This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster. (F) This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging during a declared state of emergency or disaster. In the event a local government declares a state of emergency or disaster in which the disaster area includes all or a portion of the area under the local government's jurisdiction, and restricts price gouging during that emergency or disaster, the governmental entity must notify the Governor's Office of such declaration. The Governor's Office must notify registered agents simultaneously at the time of the declaration and also at the termination of the state of emergency. (G) In addition to all other remedies provided in this article, a person who wilfully and knowingly violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned not more than thirty days. (H) Any person who is charged with committing an action in violation of this section may present evidence relating to, but not limited to, his knowledge or intent when committing such action in order to rebut any presumption or evidence of violation of this section. CREDIT HISTORY: Added by 2002 Act No. 339, s 21, eff July 2, 2002. EDITOR'S NOTE-- 2002 Act No. 393, s 45, provides as follows: "This act takes effect upon approval by the Governor, and applies to offenses committed after its effective date and to causes of action arising or accruing on or after the effective date." Code 1976 s 39-5-145 SC ST s 39-5-145 END OF DOCUMENT WEST'S TENNESSEE CODE ANNOTATED TITLE 47. COMMERCIAL INSTRUMENTS AND TRANSACTIONS CHAPTER 18. CONSUMER PROTECTION PART 51--TENNESSEE PRICE-GOUGING ACT OF 2002 s 47-18-5101. Purpose The general assembly finds and declares that: (1) The threats of terrorism are real and could impose horrific social and economic damage on Tennessee; (2) Terrorist attacks can dismantle the stability of markets and free trade; (3) Pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, but when a declared state of emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of consumer goods and services should be discouraged; (4) Because of the September 11, 2001, terrorist attacks that took place in New York and Arlington, Virginia, some businesses across Tennessee engaged in the economic practice commonly known as price-gouging; (5) Protecting the public from price-gouging is a vital function of state government in providing for the health, safety, and welfare of consumers; (6) The intent of the General Assembly in enacting this part is to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency for goods and services that are vital or necessary for the consumer. Further, it is the intent of the general assembly that this act be liberally construed so that its beneficial purposes may be served. CREDIT Added by 2002 Pub.Acts, c. 807, s 2, eff. July 1, 2002. T. C. A. s 47-18-5101 TN ST s 47-18-5101 END OF DOCUMENT
WEST'S TENNESSEE CODE ANNOTATED TITLE 47. COMMERCIAL INSTRUMENTS AND TRANSACTIONS CHAPTER 18. CONSUMER PROTECTION PART 51--TENNESSEE PRICE-GOUGING ACT OF 2002 s 47-18-5102. Definitions As used in this part, unless the context otherwise requires: (1) "Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property; (2) "Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal; (3) "Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers; (4) "Gasoline" means any fuel used to power any motor vehicle or power tool; (5) "Goods" has the same meaning as provided in s 47-18-103(5); (6) "Housing" means any rental housing leased on a month-to-month term; (7) "Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products; (8) "Person" has the same meaning as provided in s 47-18-103(9); (9) "Repair or reconstruction services" means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster or terrorist attack; (10) "Services" has the same meaning as provided in s 47-18-103(10); (11) "State of emergency" means a natural or man-made disaster or emergency resulting from terrorist attack, war, strike, civil disturbance, tornado, earthquake, fire, flood, or any other natural disaster declared by the president of the United States or by the governor pursuant to title 58, chapter 2, part 1; and (12) "Transportation, freight, and storage services" means any service that is performed by any company that contracts to move, store, or transport personal or business property or rents equipment for those purposes. CREDIT Added by 2002 Pub.Acts, c. 807, s 2, eff. July 1, 2002. T. C. A. s 47-18-5102 TN ST s 47-18-5102 END OF DOCUMENT
WEST'S TENNESSEE CODE ANNOTATED TITLE 47. COMMERCIAL INSTRUMENTS AND TRANSACTIONS CHAPTER 18. CONSUMER PROTECTION PART 51--TENNESSEE PRICE-GOUGING ACT OF 2002 s 47-18-5103. Prohibited activities during state of emergency Upon the proclamation of a state of emergency and continuing until the state of emergency is terminated, it is unlawful, in any county or municipality covered by the state of emergency, for any person to charge any other person a price for any consumer food item; repair or construction services; emergency supplies; medical supplies; building materials; gasoline; transportation, freight, and storage services; or housing, that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business immediately prior to the events giving rise to the state of emergency. An otherwise grossly excessive price increase shall not be unlawful if the person charging such higher price establishes by prima facie evidence that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or services, or was directly attributable to additional costs for labor or materials used to provide the goods or services. CREDIT Added by 2002 Pub.Acts, c. 807, s 2, eff. July 1, 2002. T. C. A. s 47-18-5103 TN ST s 47-18-5103 END OF DOCUMENT TN ST S 47-18-5104 WEST'S TENNESSEE CODE ANNOTATED TITLE 47. COMMERCIAL INSTRUMENTS AND TRANSACTIONS CHAPTER 18. CONSUMER PROTECTION PART 51--TENNESSEE PRICE-GOUGING ACT OF 2002 s 47-18-5104. Violations; civil actions and penalties (a) Violation of any provision of this part, or any rules and regulations promulgated hereunder, constitutes an unfair or deceptive act or practice under s 47-18-104(a); provided, that no criminal penalty shall be incurred for violation of this part. A civil action for violation of this part may be brought under part 1 of this chapter. (b) The remedies and penalties provided in this section are cumulative. Nothing in this part shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this part. CREDIT Added by 2002 Pub.Acts, c. 807, s 2, eff. July 1, 2002. T. C. A. s 47-18-5104 TN ST s 47-18-5104 END OF DOCUMENT WV ST S 46A-6J-1 WEST'S ANNOTATED CODE OF WEST VIRGINIA CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY s 46A-6J-1. Emergencies and natural disasters - Taking unfair advantage of consumers The Legislature hereby finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, storms or civil disturbances, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods or services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the Legislature in enacting this article to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency for goods and services that are vital and necessary for the health, safety and welfare of consumers. Further, it is the intent of the Legislature that this article be liberally construed so that its beneficial purposes may be served. CREDIT Acts 2002, c. 66, eff. 90 days after March 8, 2002. W. Va. Code, s 46A-6J-1 WV ST s 46A-6J-1 END OF DOCUMENT WV ST S 46A-6J-2 WEST'S ANNOTATED CODE OF WEST VIRGINIA CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY s 46A-6J-2. Definitions (a) 'Building materials" means lumber, construction tools, windows and any other item used in the building or rebuilding of property. (b) "Consumer food item" means any article that is used or intended for use for food or drink by a person or animal. (c) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man- made cause, including fire, flood, earthquake, wind, snow, storm, chemical or oil spill or other water or soil contamination, epidemic, air contamination, blight, drought, infestation or other public calamity requiring emergency action; (d) "Essential consumer item" means any article that is necessary to the health, safety and welfare of consumers, including, but not limited to, clothing, diapers, soap, cleaning supplies and toiletries. (e) "Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, generators, heaters and temporary shelters. (f) "Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol and antibacterial products. (g) "Repair or reconstruction services" means any services performed by any person for repairs to residential, commercial or public property of any type that is damaged as a result of a disaster. (h) "Gasoline" means any fuel used to power any motor vehicle or power tool. (i) "Transportation, freight and storage services" means any service that is performed by any company that contracts to move, store or transport personal or business property or rents equipment or storage space for those purposes. (j) "Housing" means any rental housing leased on a month-to-month term or the sale of manufactured homes, as that term is defined in section two, article nine, chapter twenty-one of this code. (k) "State of emergency" means the situation existing after the occurrence of a disaster in which a state of emergency has been declared by the governor or by the Legislature pursuant to the provisions of section six, article five, chapter fifteen of this code, or in which a major disaster declaration or emergency declaration has been issued by the president of the United States. CREDIT Acts 2002, c. 66, eff. 90 days after March 8, 2002. W. Va. Code, s 46A-6J-2 WV ST s 46A-6J-2 END OF DOCUMENT WV ST S 46a-6J-3 WEST'S ANNOTATED CODE OF WEST VIRGINIA CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY s 46A-6J-3. Prohibited unfair pricing practices (a) Upon the declaration of a state of emergency, and continuing for the existence of the state of emergency or for thirty days following the declaration, whichever period is longer, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell to any person in the area subject to the declaration any consumer food items, essential consumer items, goods used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, or gasoline or other motor fuels for a price greater than ten percent above the price charged by that person for those goods or services on the tenth day immediately preceding the declaration of emergency, unless the increase in price was directly attributable to additional costs imposed on the seller by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services: Provided, That in those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the good or service during the state of emergency, the price is no greater than ten percent above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business on the tenth day immediately preceding the declaration. (b) Upon the declaration of a state of emergency, and for a period of one hundred eighty days following that declaration, it is unlawful for any contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup in the area subject to the declaration for a price greater than ten percent above the price charged by that person for those services on the tenth day immediately preceding the declaration, unless the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services: Provided, That in those situations where the increase in price is attributable to the additional costs imposed by the contractor's supplier or additional costs of providing the service, the price is no greater than ten percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business on the tenth day immediately preceding to the declaration of the state of emergency. (c) Any business offering an item for sale at a reduced price ten days immediately prior to the declaration of the state of emergency may use the price at which it usually sells the item to calculate the price pursuant to subsection (a) or (b) of this section. (d) The price restrictions imposed by this article may be limited or terminated by proclamation of the governor. CREDIT Acts 2002, c. 66, eff. 90 days after March 8, 2002. W. Va. Code, s 46a-6J-3 WV ST s 46a-6J-3 END OF DOCUMENT WV ST S 46A-6J-4 WEST'S ANNOTATED CODE OF WEST VIRGINIA CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY s 46A-6J-4. Notification by the secretary of state; registry The secretary of state shall promulgate rules to establish a system by which any person, corporation, trade association or partnership may register to receive notification that a state of emergency has been declared and that the provisions of this article are in effect. The rules promulgated pursuant to the authority conferred by this section may include a requirement of the payment of fees for registration. CREDIT Acts 2002, c. 66, eff. 90 days after March 8, 2002. W. Va. Code, s 46A-6J-4 WV ST s 46A-6J-4 END OF DOCUMENT WV ST S 46A-6J-5 WEST'S ANNOTATED CODE OF WEST VIRGINIA CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY s 46A-6J-5. Penalties, remedies and enforcement (a) A violation of this article is an unfair or deceptive act or practice within the meaning of section one hundred two, article six of this chapter and is subject to the enforcement provisions and remedies provided by this chapter. (b) Any person violating the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county or regional jail not more than one year, or both. (c) The remedies and penalties provided by this article are cumulative, and do not prohibit any other remedy or punishment available under the laws of this state. CREDIT Acts 2002, c. 66, eff. 90 days after March 8, 2002. W. Va. Code, s 46A-6J-5 WV ST s 46A-6J-5 END OF DOCUMENT WV ST S 46A-6J-6 WEST'S ANNOTATED CODE OF WEST VIRGINIA CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY s 46A-6J-6. Preemption Nothing in this section preempts any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this section. CREDIT Acts 2002, c. 66, eff. 90 days after March 8, 2002. W. Va. Code, s 46A-6J-6 WV ST s 46A-6J-6 END OF DOCUMENT |
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