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Attorney General warns against price gouging during emergencies

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By Joel Ebert

As three West Virginia counties prepared for a state of emergency declared by Gov. Earl Ray Tomblin on Monday, Attorney General Patrick Morrisey reminded residents about laws prohibiting price gouging.

"That declaration kicks into gear the state's price gouging laws which control how much a retailer can raise prices of items or services the governor lists on his proclamation," Morrisey said.

The price gouging laws prohibit individuals and businesses from inflating the price of any consumer item by more than 10 percent of what it sold for 10 days prior to the declaration of a state of emergency or state of preparedness.

The governor declared a state of preparedness for 35 West Virginia counties on Monday.

Price gouging laws are in effect until the state of emergency or preparedness is lifted or 30 days, whichever is longer.

The governor's list of items that fall under the state's price gouging law include food and beverages, for both humans and animals, emergency supplies, such as water, flashlights, batteries, blankets and other essential consumer items, ranging from clothing and diapers to soap and cleaning supplies.

"It is important to remember that price gouging laws only go into effect when a governor declares either a state of emergency or state of preparedness," Morrisey said. "As we have all seen in recent years, West Virginians will come together and help one another out in times of crisis. I believe that will be the case in this situation and that businesses will work hard to help their neighbors and customers."

In February 2014, Morrisey's office filed a complaint against a Putnam County convenience store owner who was accused of illegally raising the price of bottled water during the January 2014 chemical spill that left 300,000 people in the state without usable tap water.

In the complaint, two Mid Valley Mart locations in Hurricane were accused of doubling prices for one-gallon water jugs.

Last November Achraf Assi admitted to price gouging and was ordered to pay a $5,000 fine.

Consumers who believe they have been charged prices that increased dramatically following the governor's Monday declaration are encouraged to contact Morrisey's office by visiting www.wvago.gov or calling 800-368-8808.

Contact writer Joel Ebert at joel.ebert@dailymailwv.com or 304-348-4843. Follow him at www.twitter.com/joelebert29.


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