Golden State Today

California Attorney General Rob Bonta has issued a consumer alert following the Governor's declaration of a state of emergency in Ventura County due to the Mountain Fire. The fire has consumed at least 19,643 acres, leading to evacuations and threatening homes and infrastructure. In his alert, Attorney General Bonta reminded Californians that price gouging during a state of emergency is illegal under Penal Code Section 396.

Californians suspecting price gouging are encouraged to report it to local authorities or the Attorney General's office via oag.ca.gov/report. A comprehensive list of current price gouging restrictions due to gubernatorial proclamations is available online.

“California’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies,” stated Attorney General Bonta. He urged individuals witnessing or experiencing price gouging to file complaints online or contact local law enforcement.

The law generally prohibits charging more than 10% above pre-emergency prices for items sold before an emergency declaration. For new items introduced post-declaration, sellers cannot charge more than 50% above their cost. This applies to food, medical supplies, building materials, gasoline, repair services, transportation services, hotel accommodations, and rental housing. Exceptions exist if costs for businesses increase.

Violators face criminal prosecution with potential penalties including up to one year in county jail and/or fines up to $10,000. Civil enforcement actions may also be pursued with penalties reaching $2,500 per violation along with injunctive relief and mandatory restitution. Enforcement can be carried out by the Attorney General and local district attorneys.