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On November 7, Virginia Attorney General (AG) Jason Miyares reminded suppliers that the current state of emergency caused by wildfires triggered Virginia’s anti-price gouging statutes, which prohibit businesses from raising...more
Recently Georgia Attorney General Carr warned consumers of potential price gouging of baby formula and related scams. He notes price gouging protections are in effect there until at least June 14, 2022 due to a state of...more
Florida Governor Ron DeSantis recently made headlines around the country by announcing that he was lifting physical distancing restrictions on restaurants and other businesses in Florida. The Governor’s order allows...more
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. ...more
Businesses may be wondering whether there is increased risk of price gouging liability when they impose higher penalty terms, ask for higher up-front payments, raise rates, or otherwise seek terms that may be more burdensome....more
On June 3, 2020, Proskauer’s Antitrust Group hosted a webinar on what supply chain businesses should know about price gouging laws and regulations, and, during and after the webinar, we fielded some thoughtful follow-up...more
Pandemic-related price spikes in consumer goods have attracted the attention of both government enforcers and private plaintiff. In California, Attorney General Xavier Becerra has issued two admonitions against price gouging...more
The COVID-19 pandemic has led to sharp spikes in demand for basic necessities, alcohol-based disinfecting products, and essential food staples. Consumers have been willing to pay a premium to stock up on these items from both...more
As pandemic response task forces at the federal and state levels ramp up price gouging investigations and enforcement actions across the country, civil plaintiffs attorneys have jumped to the forefront by utilizing private...more
On April 23, Texas Attorney General Ken Paxton accused the country’s largest egg producer, which sells brands like Egg-Land’s Best and Land O’ Lakes, of raising the price of a dozen eggs by 300%. See Texas v. Cal-Maine Foods...more
Unchartered Waters - State price-gouging laws have come into focus in recent weeks as all 50 states have declared an emergency in the wake of the COVID-19 crisis. There is a relatively underdeveloped body of...more
In the midst of the Coronavirus (COVID-19) pandemic, states are closely monitoring companies’ pricing of personal protective equipment, food and other essential supplies. This On the Subject offers an overview of state price...more
Over the past month, state enforcers have declared a war on price gouging, but some of the most effective enforcers have not been the states. Online platforms and other large retailers have taken extraordinary steps to...more
Prices ordinarily fluctuate on the basis of supply and demand. But during a governmentally declared state of emergency, so-called “price gouging” laws can take effect, imposing controls on price increases for a variety of...more
In the past month, Florida’s Attorney General has received thousands of complaints about price gouging across the state. As a result, Florida is taking action...more
Even though states are leading the way on price gouging enforcement, recent action in Congress may lead to overlapping federal government enforcement. Recent Congressional letters, statements, and proposed bills show a...more
On April 7, 2020, Mayor Eric Garcetti issued an emergency “Worker Protection Order” directing essential businesses (such as grocery stores, laundromats, and hotels) and their customers/visitors, to take specified measures to...more
The National Association of Attorneys General (NAAG) is actively monitoring consumer product prices and working to eliminate price gouging during the COVID-19 pandemic. At least 33 attorneys general signed on to letters...more
In an unprecedented attempt to curb the spread of COVID-19, Americans across the country have been ordered to stay home and leave only when necessary. Rhode Island is no exception; Governor Gina Raimondo has declared a state...more
If you’ve been shopping lately, it’s likely that you’ve encountered empty shelves and shortages of items, such as (for inexplicable reasons) toilet paper. This tends to happen whenever a disaster – whether that’s a hurricane...more
U.S. stocks continue to tumble, sinking by “8.1% at the open, triggering a 15-minute trading halt;” “Brent crude sank below $30 a barrel;” treasuries surged despite major moves from the Federal Reserve; and market sentiment...more
At the time of publication, at least twenty four states, plus Washington D.C. have declared states of emergency related to the novel coronavirus (“COVID-19”), with that number growing by the hour. In addition to making more...more
With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), retailers are sure to face a number of issues that they can and should prepare for. The primary issues facing retailers will likely be...more
NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more