Attorney General Bonta Issues Consumer Alert on Price Gouging Following State of Emergency Declaration in Calaveras County

OAKLAND - California Attorney General Rob Bonta today issued a consumer alert following Governor Gavin Newsom's declaration of a state of emergency in Calaveras County in response to the Gann Fire. The Gann Fire has burned more than 10,300 acres, threatening communities throughout Calaveras County and forcing the evacuation of thousands. Hot temperatures and low humidity have fueled elevated fire danger conditions in Calaveras County, and the fire threatens homes, structures, and critical infrastructure - including transmission and distribution lines that provide power to large portions of Northern Calaveras County. 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 visit the Governor's Office of Emergency Services Price Gouging webpage.

"As high temperatures increase the intensity of the Gann Fire, I urge Californians to listen to 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, 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. Stay safe, California."

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. Violations of the price gouging statute are misdemeanors. The Attorney General and local district attorneys and city prosecutors can enforce the statute.