Currently, 40 states have statutes that prohibit certain aspects of price gouging. The letter highlights how these laws reflect the widespread national consensus that it is unjust and economically harmful to exploit consumers by inflating prices for essential goods and services in the immediate aftermath of a disaster.
The coalition argues that a federal ban would assist consumer-facing retailers, especially small businesses, who often bear the brunt of the reputational and legal consequences of disaster-induced higher prices, even when the most significant price gouging activity may be happening up the supply chain – outside the jurisdictional reach of some states’ price gouging laws. Nessel and the coalition also outlined four key benefits of a federal price gouging ban:
• Pausing panic-driven pricing decisions;
• Preventing inefficient pricing in the heat of a disaster;
• Discouraging hoarding; and
• Restraining pricing for products with little competition.
“Price gouging is an unscrupulous practice that takes advantage of customers during their most vulnerable moments,” Nessel said. “We should all be able to agree that consumers need to be supported, not exploited, in the aftermath of a disaster. I am proud to stand with my colleagues in advocating for a national ban on price gouging, and I will continue to call for stronger consumer protection laws in Michigan to protect small businesses and consumers.”
Joining Nessel in sending the letter to Congress are the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, and the District of Columbia.
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