SACRAMENTO – California Attorney General Xavier Becerra issued a consumer alert following the Governor’s September 6 declaration of a state of emergency for the counties of Fresno, Madera and Mariposa due to the Creek Fire; for San Bernardino County due to the El Dorado Fire; and for San Diego County due to the Valley Fire. Attorney General Becerra reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396.
“Multiple fires burning throughout the state have forced evacuations for thousands of California residents. During this difficult time, they shouldn’t have to worry about whether they’re being illegally cheated out of fair prices,” said Attorney General Becerra. “Our state’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies. I encourage anyone who has been the victim of price gouging, or who has information regarding potential price gouging, to immediately file a complaint with our office online at oag.ca.gov/report, or to contact their local police department or sheriff’s office.”
California law generally prohibits charging a price that exceeds, by more than 10 percent, the price of an item before a state or local declaration of emergency. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.
Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute.