Update: 4 California Counties In State Of Emergency

UPDATE: If you operate in Los Angeles, San Bernardino, Orange, or Riverside Counties, you are now under a Price Gouging statute sue to State of Emergency. Full press release is below.

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California Attorney General Rob Bonta today issued a consumer alert following Governor Newsom’s declaration of a state of emergency in Los Angeles and San Bernardino Counties in response to the Bridge Fire and in Orange and Riverside Counties in response to the Airport Fire. The Bridge Fire has burned over 51,000 acres, and the Airport Fire over 23,000 acres, forcing the evacuation of residents and threatening homes and critical infrastructure.

In today’s alert, Attorney General Bonta reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396. Californians who believe they have been the victim of price gouging should report it to their local authorities or to the Attorney General at oag.ca.gov/report. To view a list of all price gouging restrictions currently in effect as a result of proclamations by the Governor, please see here.

“As numerous wildfires force evacuations across Southern California, I want to be very clear: California’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies,” said Attorney General Bonta. “If you see price gouging, please file a complaint with my office online at oag.ca.gov/report or contact your local police department or sheriff’s office.”

California law generally prohibits charging a price that exceeds, by more than 10%, the price a seller charged for an item before a state or local declaration of emergency. For items a seller only began selling after an emergency declaration, the law generally prohibits charging a price that exceeds the seller's cost of the item by more than 50%.

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.