PRINTER'S NO. 51
No. 40 Session of 2003
INTRODUCED BY KASUNIC, BOSCOLA, KUKOVICH, LAVALLE, RAFFERTY, COSTA, KITCHEN, LOGAN, MELLOW, MUSTO, O'PAKE, RHOADES, SCHWARTZ, TARTAGLIONE AND WOZNIAK, JANUARY 24, 2003
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 24, 2003
AN ACT 1 Prohibiting certain price gouging; and imposing penalties. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Protection 6 from Price Gouging Act. 7 Section 2. Purpose. 8 The General Assembly hereby finds and declares as follows: 9 (1) In the economic market, there are periods of 10 abnormal disruption of the market which cause an uneven flow 11 of supply, which cannot meet with the demand of the 12 consumers. 13 (2) These periods of abnormal disruption result from 14 many factors, including changes in energy source supplies, 15 failure of energy power or shortage of food supply due to 16 extreme weather conditions, labor strikes, civil disorder,
1 national or local emergencies or military action. 2 (3) During these periods of abnormal disruption, the 3 market parties within the chain of distribution of consumer 4 goods and services may take unfair advantage of consumers of 5 this Commonwealth by charging grossly excessive prices for 6 essential and necessary consumer goods and services. 7 (4) To prevent any party within the chain of 8 distribution from taking unfair advantage of consumers of 9 this Commonwealth during periods of abnormal disruption in 10 the market, such activities shall be prohibited and violators 11 shall be subject to civil penalties. 12 Section 3. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Abnormal disruption of the market." A change in the market, 17 whether actual or imminently threatened, resulting from stress 18 of weather, convulsion of nature, failure or shortage of 19 electric power or other source of energy, strike, civil 20 disorder, war, military action, national or local emergency or 21 other cause of an abnormal disruption of the market which 22 results in a declaration of a state of emergency by the 23 Governor. 24 "Chain of distribution." All parties involved in the sale 25 and resale of consumer goods and services, including any 26 manufacturer, supplier, wholesaler, distributor or retail 27 seller. 28 "Consumer goods or services." Goods or services used, bought 29 or rendered primarily for personal, family or household 30 purposes. 20030S0040B0051 - 2 -
1 Section 4. Price gouging prohibited. 2 (a) General rule.--During any abnormal disruption of the 3 market for consumer goods or services vital and necessary for 4 the health, safety and welfare of consumers, no party within the 5 chain of distribution of consumer goods or services, or both, 6 shall sell or offer to sell consumers goods or services, or 7 both, for an amount which represents an unconscionably excessive 8 price. 9 (b) Parties affected.--This section shall apply to any party 10 within the chain of distribution, including a manufacturer, 11 supplier, wholesaler, distributor or retail seller of consumer 12 goods or services, or both. 13 (c) Determination.--Whether a price is unconscionably 14 excessive is a question of law for the court. The court's 15 determination shall be based on the following factors: 16 (1) The amount of the excess in price is unconscionably 17 extreme. 18 (2) There was an exercise of unconscionable means or 19 unfair leverage. 20 Section 5. Injunctive relief. 21 Where a violation of this act is alleged to have occurred, 22 the Attorney General may apply in the name of the people of this 23 Commonwealth for an order enjoining or restraining the 24 commission or continuance of the alleged unlawful activity. 25 Section 6. Penalty. 26 The penalty for a violation of this section shall be $10,000 27 and, where appropriate, the court may order restitution to the 28 aggrieved consumers. 29 Section 7. Effective date. 30 This act shall take effect in 60 days. L27L12DMS/20030S0040B0051 - 3 -