“To prohibit price gouging as an unfair and deceptive act or practice during a major disaster or emergency, and for other purposes.”
No CRS summary available for this bill.
This section prohibits price gouging in areas affected by a presidentially declared major disaster or emergency under the Stafford Act (42 U.S.C. §§5170, 5191). Specifically, it bars (1) price increases exceeding 10% from the day before the declaration for essential consumer goods and services, hotel lodging, and residential rental properties (for 30 days) or repair or reconstruction services (for 180 days); and (2) prices exceeding 50% above the seller's cost (for 30 days) for those items if not previously charged; with exceptions for increases directly attributable to supplier/labor/material costs (not exceeding 10% over cost plus customary pre-disaster markup), tariffs, seasonal hotel adjustments, or pre-disaster rental repair/addition costs or contracts. This section treats violations as unfair or deceptive acts under FTC Act §18(a)(1)(B) (15 U.S.C. §57a(a)(1)(B)), authorizing FTC enforcement with full FTC Act powers and penalties (as specified in subsection (e)). It further permits state attorneys general to bring parens patriae civil actions (with prior notice to FTC, which may intervene) for injunctive relief, compliance, damages, or other remedies—except during pending federal actions—and allows private rights of action in state or federal court by injured persons.