California Attorney General Rob Bonta has issued a consumer alert after the Governor declared a state of emergency in Mono County. The declaration follows increased risk of debris flow due to rain and snow in areas impacted by the Pack Fire, which started on November 13 near Lake Crowley in the eastern Sierra Nevada. The fire was fully contained on December 3, after destroying 30 structures and damaging six others.
Attorney General Bonta reminded residents that price gouging during a state of emergency is illegal under Penal Code Section 396. He encouraged those who believe they have been victims of price gouging to report it to local authorities or through the Attorney General’s website at oag.ca.gov/report. A list of current price gouging restrictions can be found on the Governor’s Office of Emergency Services Price Gouging webpage.
“As incoming precipitation and snowfall threatens to increase the risk of debris flow from the Pack Fire, I urge Californians who reside in Mono County to listen to communication from officials and keep safe. 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 — or if you’ve been the victim of it — I encourage you to immediately file a complaint with my office online at oag.ca.gov/report or contact your local police department or sheriff’s office.”
Under California law, sellers generally cannot charge more than 10% above their pre-emergency prices for goods and services after an emergency is declared. For items introduced after an emergency declaration, prices cannot exceed cost by more than 50%. This regulation covers food, medical supplies, building materials, gasoline, repair services, cleanup services, transportation, storage services, hotel accommodations, and rental housing. Exceptions are allowed if businesses face higher costs for labor or materials.
Violations are misdemeanors subject to criminal prosecution with possible imprisonment or fines. Civil enforcement actions may also be pursued by the Attorney General as well as local district attorneys and city prosecutors; these can result in penalties up to $2,500 per violation along with injunctive relief and restitution.