From the Virginia Attorney General:
RICHMOND -- Attorney General Bill Mims announced that Virginia’s Anti-Price Gouging Statute, which prohibits the charging of “unconscionable” prices for “necessary goods and services,” is now activated.
Last night Gov. Tim Kaine declared a State of Emergency for Virginia, as the Commonwealth sustains flooding and storm surges from the remnants of Tropical Storm Ida and a coastal Nor’easter. By law, Virginia’s price gouging statute goes into effect upon the issuance of a declared state of emergency by the Governor.
The Virginia Post-Disaster Anti-Price Gouging Act, which became law July 1, 2004, prohibits the charging of "unconscionable" prices for "necessary goods and services" in the affected areas within Virginia for the 30-day period following the disaster that resulted in the declared state of emergency.
The basic test under the statute is whether the price charged for the goods or services "grossly exceeds" the price charged within 10 days before the disaster. "Necessary goods and services" includes those goods or services for which demand does, or is likely to, increase as a result of the disaster.
The Attorney General’s Office has reached seven legal settlements with gas stations over price gouging after a state of emergency was declared Sept. 10, 2008 as Hurricane Ike approached the Gulf Coast.
“Virginia’s Post-Disaster Anti-Price Gouging Act leaves room for standard market forces to work in times of disaster and prohibits only the charging of unconscionable prices for necessary goods and services during these rare times,” Attorney General Mims said. “Hopefully Virginia retailers will be aware of this law’s current activation, and keep it in mind as they proceed with business during this flooding and storming. We intend to enforce our statute, as our record of law suits and settlements demonstrates. We will continue to do so in a reasonable and fair manner.”
Anyone who suspects price gouging should immediately report this to the Office of Consumer Affairs, which investigates complaints of this nature. The Office of the Attorney General works with the Office of Consumer Affairs to bring actions against individuals or companies alleged to have violated the statute.
Citizens can contact the Office of Consumer Affairs at:
Virginia Department of Agriculture and Consumer Services
Office of Consumer Affairs
102 Governor St.
Richmond, VA 23219
804-786-2042 or 1-800-552-9963
804-225-2666 (fax)
Click here to download a price-gouging complaint form.