10/01/2024
Keep your eyes open for people trying to take advantage of a disaster:
Tennessee Price-Gouging Act of 2002 (Tenn. Code Ann. § 47-18-5101 et seq.)
Tennessee’s price gouging laws make it unlawful for individuals and businesses to charge unreasonable prices for essential goods and services, including gasoline, in direct response to a disaster regardless of whether the emergency occurred in Tennessee or elsewhere. The price gouging law makes it unlawful to charge a price that is grossly in excess of the price charged prior to the emergency.
Under the law, the Attorney General’s Office can put a stop to price gouging and seek refunds for consumers. The courts may also impose civil penalties ($1,000 per violation) against price gougers.
Price gouging complaints can be filed here: https://www.tn.gov/commerce/consumer/file-a-complaint.html
Tenn. Code Ann. § 47-18-5103
Current through the 2024 Regular Session.
Consumer Protection Part 51 Tennessee Price-Gouging Act of 2002
47-18-5103. Prohibited acts during declaration of abnormal economic disruption.
(a)
(1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business:
(A) Consumer food items;
(B) Repair or construction services;
(C) Emergency supplies;
(D) Medical supplies;
(E) Building materials;
(F) Gasoline;
(G) Transportation, freight, and storage services;
(H) Housing; or
(I) Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by § 68-11-2301.
(2) A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1).
(b) A price increase is not grossly excessive if the increase was directly attributable to:
(1) Price increases in applicable regional, national, or international commodity markets;
(2) Pricing set forth in any pre-existing agreement, including stored and in-transit inventory;
(3) Additional costs imposed on the person by the supplier of the goods or services; or
(4) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges.
History
Acts 2002, ch. 807, § 2; 2018, ch. 624, § 4; 2023, ch. 432, § 2.
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