State price gouging laws do not typically address product improvements or reformulations. Still, businesses should consider price gouging restrictions when releasing “new and improved” products, as the same pricing...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...more
7/21/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
While price gouging is often discussed in the context of existing products, new products and services may be covered as well. As a result, businesses looking to introduce new products during a price gouging emergency can seek...more
7/21/2020
/ Antitrust Provisions ,
Coronavirus/COVID-19 ,
Essential Goods ,
Goods or Services ,
Postproduction Costs ,
Price Comparisons ,
Price Gouging ,
Product Pricing ,
Rebuttable Presumptions ,
Retail Market ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
The pandemic has demonstrated that price gouging laws are not only written in an ambiguous manner, but are ambiguous as to whether they are in effect or not. A recurring problem faced by businesses is that some states are not...more
7/10/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Executive Orders ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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...more
What’s New in Version 2 -
To help businesses navigate state price gouging statutes, we have updated this guide with revised content addressing new developments in state price gouging laws and emergency measures currently...more
7/2/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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...more
As businesses figure out how to be creative and continue to operate during the pandemic, some have turned to “Covid surcharges” to account for new or increased costs. “Surcharges” may seem more benign than direct price...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...more
Despite the continued implementation of state price gouging laws, many companies have been able to legally raise their prices by relying on exceptions related to cost increases. Many have asked whether the exception...more
As new restrictions addressing the economic impacts of COVID-19 continue to be proposed, some are targeting price increases for services. Businesses may want to re-familiarize themselves with the “services” covered by...more
6/19/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
FTC Act ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Public Health Emergency ,
State Attorneys General ,
State of Emergency ,
Unfair or Deceptive Trade Practices
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...more
States around the country have activated their price gouging statutes due to the COVID 19 pandemic. These temporary restrictions typically go into effect upon the declaration of a local, state or national emergency. However,...more
Though much attention has been paid to state price gouging laws, several states without price gouging laws have nevertheless been active enforcers. Governors in many of these states have issued executive orders empowering...more
State Attorneys General are not the only ones enforcing price gouging laws in the current pandemic. Many states also provide a private right of action for victims of price gouging. Depending on the state, private litigants...more
Price gouging complaints around the country have been skyrocketing and Michigan is no exception. Between March 5, 2019, and April 14, 2019, Michigan had 80 price gouging complaints. During the same period in 2020, Michigan...more
Considerations for Supply Chain Businesses -
In response to the current pandemic, state attorneys general are actively pursuing price gouging cases across the supply chain. The sudden rise in price gouging cases and the...more
When it comes to price gouging in the Lone Star State, Attorney General Ken Paxton is sending a message: don’t mess with Texas. On March 26, 2020, AG Paxton accused Auctions Unlimited, a Texas auctioneer, of price gouging...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
4/14/2020
/ Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Enforcement Programs ,
Essential Goods ,
Goods or Services ,
Price Gouging ,
Product Pricing ,
Retail Market ,
Retailers ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
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
4/14/2020
/ Coronavirus/COVID-19 ,
Crisis Management ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Infectious Diseases ,
Medical Equipment ,
Medical Supplies ,
Price Gouging ,
Proposed Legislation ,
Public Health ,
Retail Market ,
Retailers ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
Amid the COVID-19 pandemic, New York Attorney General Letitia James has stated her office will be aggressive in prosecuting price gouging. On March 10, AG James stated, “we will not tolerate schemes or frauds designed to turn...more
In early March, California Attorney General Xavier Becerra issued a consumer alert on price gouging. Two weeks later, police in San Diego arrested eight people for price gouging. The same week, investigations by Sacramento...more