Attorney
General Tom Miller has announced that the State's anti-price-gouging
rule is in effect in counties where disaster declarations
have been issued in the wake of floods or other storms.
Price
gouging is the practice of taking advantage of disaster victims
by substantially raising the prices for needed goods or services
without justification. Price gouging is considered an unfair
practice under the Iowa Consumer Fraud Act when a disaster
declaration is in effect for a county. Iowa Administrative
Rules describe the practice as raising prices unreasonably
above the price at which the merchandise or service was sold
in the usual course of business immediately prior to the onset
of the emergency. (The rule recognizes the fact that prices
sometimes may be higher because sellers also often incur increased
costs.) The rule applies during the emergency declaration
and "subsequent recovery period" up to six months.
The price-gouging
rule -- which was adopted at the time of 1993's widespread
floods -- covers but is not limited to water, food, medicines,
sanitation supplies, utilities, and materials, goods, or services
for clean-up or repair. Unconscionable price gouging might
include unjustified high prices for materials or supplies
that victims of storm damage may have little choice but to
buy. In 1993, for example, there were price gouging allegations
in the rental of "porta-potties" and water pumping
equipment.
Complaints
about possible price gouging may be brought to local authorities
or to the Attorney General's Office -- 515-281-5926.