Ohio AG Seeks Law Targeting Price Gouging

Attorney General Dave Yost has announced plans to seek a new anti-price gouging law that does not rely on price controls when the Ohio General Assembly meets this week. 

“I’m outraged that anybody would try to profiteer on a crisis, particularly on items that are necessary for the health and safety of Ohioans,” Yost said in a news release. His office is already working on draft language that would address weaknesses in Ohio’s existing laws.

The Ohio Attorney General’s Consumer Protection Section has received more than 150 complaints of price gouging this month amid the coronavirus pandemic. Yost said his office is reviewing every complaint and is actively working with members of the business community and trade associations to protect consumers.

Though Ohio does not have a statute that deals directly with price gouging, state law bans unconscionable sales practices. A practice could be considered unconscionable if the business knew at the time of the sale that the price was substantially higher than normal or if the business dramatically increased the price of in-stock products based solely in response to current events.

“We don’t have a price-gouging law in Ohio because we believe in free markets, but free markets don’t include the idea of holding toilet paper and surgical masks hostage,” Yost said.

This type of harmful marketplace behavior also may constitute a violation of the Valentine Act, Ohio’s antitrust law, he concluded. 

Full Content: Mahoning Matters

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