Jeannine Pacioni

District Attorney Jeanine Pacioni has issued a warning against price gouging in this time of declared emergency. 

A few weeks ago, as supplies of hand sanitizer ran dry in stores and online, third-party resellers took to Amazon and other online stores with deals of their own: hand sanitizer for sale at 30 or 40 times the normal price. A two-pack of personal-sized Purell was, at one point, going for more than $60.

Amazon moved to shut those resellers down, and now the Monterey County District Attorney's Office has issued a warning of its own: Price gouging—when a merchant takes unfair advantage of consumers by greatly increasing prices for essential consumer goods—is illegal during a declared local or state emergency.

In light of the COVID-19 pandemic, Monterey County declared a local emergency on March 6, 2020. California also has declared a state of emergency due to the disease's spread in various communities. 

In a press release, District Attorney Jeannine Pacioni stated that, per Gov. Gavin Newsom, statewide protections against price gouging will stay in effect until at least Sept. 4, 2020. 

So far, she says, her office hasn't received any complaints of local price-gouging, but questions are coming in.

"We heard some rumblings and that's why we decided to send out the release," she tells the Weekly. "People are asking us if this applies to things like toilet paper and water and actually it applies to everything related to this event, with some limited exceptions."

The California anti-price gouging 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. The law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. It also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations and rental housing. 

Violations of the price gouging statute are subject to criminal prosecution that can result in a year in county jail and/or a fine of up to $10,000. Violations are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief and restitution.

Anyone who has been the victim of price gouging, or who has information regarding potential price gouging, should file a complaint with the Monterey County District Attorney’s Consumer Protection Division by completing the consumer complaint form located on the Monterey County District Attorney’s website and emailing it to consumercomplaints@co.monterey.ca.us, mailing it to the District Attorney’s Office at 1200 Aguajito Road, Suite 301, Monterey, CA 93940, or by calling the District Attorney’s Office at 647-7770.

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