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Excellent!
Posted by jeff in MD really (more from jeff in MD really) on Wed, 20 Jun 2012 08:29:29
In Reply to: Pennsylvania Price Gouging Act, davidgmills, Wed, 20 Jun 2012 08:03:15
I knew a lawyer could dig it up. Still waiting on info regarding actual convictions, or even just charges filed.

That law is clearly intended to apply to economic/civil emergency situations - "These periods of disruption result from many factors, including extreme weather conditions, depletion of stockpiles, labor strikes, civil disorder, natural or manmade emergencies or disasters and military action." While that is not exclusive language the intent is pretty clear. There are further explicit references to the establishment by the Governor of a "state of disaster emergency".

Next up is the evidence of "unconscionably excessive prices" - "It is prima facie evidence that a price is unconscionably excessive if, during and within 30 days of the termination of a state of disaster emergency, parties within the chain of distribution charge a price that exceeds an amount equal to or in excess of 20% of the average price at which the same or similar consumer goods or services were obtainable in the affected area during the last seven days immediately prior to the declared state of emergency.."

First, there's another explicit reference to a "state of disaster emergency" which the Saab spare parts situation certainly does not fit within. The mere fact that your friend was unable to source this item at any price in the days/weeks leading up to the sale in question indicates that establishing a "normal" price within the last 7 days would be difficult.

Next, under the "Nonapplicability" section, are listed some exclusions - "The provisions of this section shall not apply if the increase in price is due to a disparity that is substantially attributable to additional costs that arose within the chain of distribution in connection with the sale of consumer goods or services, including replacement costs, credit card costs, taxes and transportation costs."
Note the inclusion of replacement costs - since there are a precious few of these items available , Chad doesn't even know if he can get a replacement or what the cost would be.

So, nice try but it appears from my very non-professional reading of this statute that it would not apply in this case. Trying to give yourself an out by saying "I am not going to run through the entire act because I simply made a conclusion that Chad's price was high enough to raise the question of price gouging..." seems like a somewhat unethical thing for an attorney to do - make an accusation of criminal wrongdoing but not actually citing the statute in detail and couching it as "just raising the question".

No sir, you accused someone of a crime and are a dirtbag for not having the balls to stand behind that accusation.

jeff

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