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The attorneys general of 15 states and the District of Columbia on Wednesday wrote to the top Democrats and Republicans in Congress to advocate for a federal prohibition on price gouging.
"Businesses should never be able to hike prices during an emergency just to increase their profits," said New York Attorney General Letitia James, who led the letter. "When companies take advantage of major disruptions and raise prices of food and supplies that New Yorkers rely on, my office holds them accountable, getting people their money back and protecting their wallets."
"Our federal government should have the same power to protect Americans when disaster strikes and stop price gouging at the national level that threatens both hardworking families and small businesses," asserted James, a Democrat.
The letter points out that "over 40 states across the country make price gouging unlawful, reflecting the widespread national consensus that exists, across ideological and regional differences, that in the immediate run-up to and aftermath of a crisis, it is unfair—and harmful to our economy long-term—to reap higher profits for selling goods and services people need to survive."
"As crises, whether natural or human in origin, become more common... now is the time to work constructively in a bipartisan fashion to create federal price gouging protections."
"Despite that consensus, there is currently no federal price gouging prohibition—and individual states face heightened challenges when protecting consumers from price gouging when so many product supply chains are nationwide," it continues. "A federal price gouging prohibition would provide critical partnership to state enforcement and protect consumers and small businesses alike."
The letter—addressed to House Speaker Mike Johnson (R-La.) and Minority Leader Hakeem Jeffries (D-N.Y.) as well as Senate Majority Leader Chuck Schumer (D-N.Y.) and Minority Leader Mitch McConnell (R-Ky.)—lays out how price gouging bans address market failures and strengthen the economy, explaining that "they act like 'circuit breakers' in a stock market: They put a pause on panic-driven price changes and give everyone a chance to make sure they are making the right pricing choices for the long-term."
Price gouging prohibitions also "prevent inefficient pricing overreactions in the heat of a crisis" and "help to prevent hoarding," the letter adds. Further, they "can restrain inefficiently high prices for products where there is very little competition."
"A federal price gouging prohibition that complemented state prohibitions would allow federal enforcement agencies, such as the Federal Trade Commission, to identify and restrain unjustified and irrational price increases throughout the entire supply chain, unconstrained by the complications of state-by-state enforcement," the attorneys general wrote. "Such a prohibition should not preempt state laws, but complement and strengthen them by focusing federal enforcement on price gouging that cannot practicably be stopped by a single state."
"Our states provide many different models for how such a price gouging statute might be framed," the coalition noted. "But as crises, whether natural or human in origin, become more common and the cost of living continues to be too high for working families, we believe now is the time to work constructively in a bipartisan fashion to create federal price gouging protections to complement price gouging protections that already exist in almost every state."
In addition to the D.C. attorney general, James was joined by the AGs in Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Oregon, New Jersey, New Mexico, New York, Pennsylvania, and Vermont.
"During and after a crisis, it is unfair—and harmful to our economy—for companies to reap higher profits for selling goods and services that families need to survive," said California Attorney General Rob Bonta. "That is why California's price gouging law protects Californians during and after wildfires, severe weather storms, and other emergencies."
"A federal price gouging prohibition that complements state law would build on successful partnerships between states and the federal government to protect consumers by making it easier to enforce price gouging prohibitions nationally, up the supply chain," the Democrat added. "This would benefit California consumers and small businesses who currently bear the brunt of their suppliers' price setting."
The letter comes amid a fossil fuel-driven climate emergency featuring extreme weather that is increasingly impacting U.S. communities and less than a week away from Election Day, when Americans will choose the next Congress and President. In the race for the White House, former Republican President Donald Trump faces Democratic Vice President Kamala Harris. In August, the Democrat proposed a federal ban on price gouging by food supplies and grocery stores.
"I still remember our mother sitting at that yellow formica table late at night, cup of tea in hand, a pile of bills in front of her, trying to make it all work. And I've heard from so many of you who are facing even greater financial pressures," Harris said in a Tuesday campaign speech. "I will enact the first-ever federal ban on price gouging on groceries, cap the price of insulin, and limit out-of-pocket prescription costs for all Americans. I will fight to make sure that hardworking Americans can actually afford a place to live."
"This egregious price-gouging hampers evacuations and undermines recovery efforts, while putting vulnerable residents in serious jeopardy."
The head of the Congressional Progressive Caucus and a group of Florida representatives said late Tuesday that the federal government must do more to crack down on airlines, hotels, and other companies taking advantage of emergency conditions brought by Hurricanes Helene and Milton to jack up prices and pad their bottom lines.
"Instead of making it easier for people to evacuate, airlines and hotels are exploiting a horrific situation to charge astronomical fares only the rich can afford—from over $600 for a single night in a Hampton Inn to over $1,000 for flights that usually cost around $100," Rep. Pramila Jayapal (D-Wash.), the chair of the CPC, said in a joint statement with Reps. Maxwell Frost (D-Fla.), Sheila Cherfilus-McCormick (D-Fla.), Darren Soto (D-Fla.), and Frederica Wilson (D-Fla.).
"Exploiting vulnerable people fleeing a deadly storm for higher profits is a new low," said the CPC members as Hurricane Milton barreled toward Florida as a monstrous Category 5 storm, fueled by record-high ocean temperatures made far more likely by the climate crisis. The hurricane is expected to make landfall in the Tampa area on Wednesday night.
The federal lawmakers' statement came amid a flood of price-gouging reports from Florida residents seeking to escape Milton's path. A spokesperson for Florida's attorney general said earlier this week that the office had received hundreds of complaints about price gouging, particularly for fuel and water.
"There were also scattered instances involving overnight accommodations, including one Airbnb listing of a 'room in Tallahassee' for nearly $6,000 a night," The Tallahassee Democratreported Tuesday. The outlet noted that "during a storm-related state of emergency, state law prohibits price gouging for equipment, food, gasoline, hotel rooms, ice, lumber, and water needed as a direct result of the event."
The Biden Transportation Department, meanwhile, said it has "been in touch with airlines to get more information about the capacity and affordability of flights in the affected areas" amid reports of sky-high ticket prices. President Joe Biden said Tuesday that he is "calling on the airlines and other companies to provide as much service as possible to accommodate evacuations and not to engage in price gouging, to just do it on the level."
The Associated Pressreported that "by midafternoon Tuesday on the East Coast, airlines had canceled more than 700 U.S. flights, compared with fewer than 200 cancellations on Monday and fewer than 100 each of the two previous days, according to the FlightAware tracking service."
Major airlines, including Delta and United, said they capped fares under the emergency circumstances, but people seeking last-minute tickets reported dramatically elevated prices. One woman trying to buy a one-way ticket to New York said prices more than tripled "in a matter of seconds" as she examined her options.
"There were prices even as high as $1,000 for one leg. So wrong! So wrong!" the woman toldThe Associated Press.
In their statement Tuesday, Jayapal and the Florida lawmakers noted that "in North Carolina and Georgia, while families try to recover and rebuild from the devastating impacts of Helene, there have been hundreds of similar incidents of bad actors price gouging residents on everything from groceries to gas to hotel rooms."
"This egregious price gouging hampers evacuations and undermines recovery efforts, while putting vulnerable residents in serious jeopardy," they said.
While welcoming the Transportation Department's efforts to monitor and prevent airline price gouging, the progressive lawmakers said that "we will need a whole-of-government focus" in the coming days and weeks "on protecting the people impacted by these disasters from predatory price gouging."
"Further action is still needed from the federal government to stop the corporate exploitation that impacts all areas of American life, whether at the grocery store or gas station," the lawmakers said. "We need a federal ban on price gouging, more stringent antitrust laws and enforcement, and for Congress to reassert its role and governing power in this space—something CPC is deeply committed to and actively engaged in."
"Sky-high prices to escape Florida before a deadly hurricane—and Republicans still criticize price gouging bans," said one outraged resident.
U.S. President Joe Biden called on Floridians in evacuation zones to leave their homes "now, now, now" on Tuesday, and the mayor of Tampa issued a stark warning that those who "choose to stay" are "going to die" from the expected impact of Hurricane Milton—but desperate residents are grappling with the fact that hotels and airlines may make evacuating impossible for many.
Florida bars companies from price gouging during an emergency like Milton, but as thousands of people began evacuating the state's western coast on Monday, accusations poured in about sky-high airline ticket prices and hotels in neighboring states that are charging exorbitant rates.
A Hampton Inn in Brunswick, Georgia was offering rooms for $617 for Wednesday night, when Milton is expected to hit, but as The Daily Mail reported, comparable rooms are available in the middle of the week in November for just $131.
Hilton hotels in Kingsland, Georgia more than doubled their rates, and a Marriott hotel that normally charges just $94 per night was offering a stay for $548 per night—or more than $700 for people who wanted to park their cars.
"I'm about to show you why it's almost impossible for anyone to evacuate, and it will piss you off," said one man in a video posted to social media. He pointed out one-way ticket prices for airlines including American and United, flying from Ft. Lauderdale, Florida to Columbus, Ohio.
The tickets ranged from $812 to $2,199 per person.
"My wife's flight was canceled for tomorrow morning at 7:00 am," he said. "The only other flights out of the entire state of Florida right now are out of Ft. Lauderdale, and they are jacking their prices up."
Pro-worker media organization More Perfect Union also cataloged cases of alleged price gouging by airlines, with flights out of Tampa—expected to face devastating storm surges this week—costing more than $1,405.
U.S. Transportation Secretary Pete Buttigieg said the department had taken notice of the price gouging allegations and would be "keeping a close eye on flights in and out of areas affected by Hurricane Milton to make sure airlines are not charging excessively increasing fares."
Florida Attorney General Ashley Moody activated the state's price gouging hotline (1-866-966-7226) earlier this year, but price gouging was reported during Hurricane Helene last month in Florida as well as other affected states—including ones that ban price gouging during emergencies.
Evacuees also faced difficulty filling their cars on Tuesday, with 16% of gas stations in the state and 43% of those in the Tampa area without fuel.
Milton was classified as a Category 4 hurricane as of Tuesday afternoon, with 155 mile-per-hour winds. The storm weakened somewhat from Monday, when 175 mile-per-hour winds were reported, but forecasters said it "rebounded" in intensity. Meteorologists have expressed shock this week at how quickly the storm gathered strength in the Gulf of Mexico, which they said was due to record-high temperatures in the gulf and the Atlantic Ocean.