| SB 0857 | Provides consumer protection for price gouging during a state of emergency |
| Sponsor: | Dougherty | |||
| LR Number: | 3626S.01I | Fiscal Note: | 3626-01 | |
| Committee: | Pensions and General Laws | |||
| Last Action: | 04/03/02 - SCS Voted Do Pass S Pensions & General Laws | Journal page: | ||
| Committee (3626S.03C) | ||||
| Title: | SCS SB 857 | |||
| Effective Date: | August 28, 2002 | |||
SCS/SB 857 - This act creates provisions for consumer protection from price gouging during a state of emergency. During a declared state of emergency, a person commits price gouging if he or she charges an excessive price for necessities in connection with an advertised price or sale.
The person has an affirmative defense if he or she can provide written documentation that the price of the necessity increase was due to an increase in the cost to obtain the necessity that was beyond the person's control. This affirmative defense is not an absolute bar if the person fails to provide written documentation after the attorney general or prosecuting attorney requests it.
A person engaging in price gouging is liable for restitution
to any consumer against whom the price gouging was committing and
a civil penalty equal to the greater of $5,000 or twice the
amount unlawfully gained in the transaction.
CINDY KADLEC