2019 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Chapter 18 - Consumer Protection
Part 51 - Tennessee Price-Gouging Act of 2002
§ 47-18-5103. Prohibited acts during declaration of abnormal economic disruption.
(a)
(1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business:
(A) Consumer food items;
(B) Repair or construction services;
(C) Emergency supplies;
(D) Medical supplies;
(E) Building materials;
(F) Gasoline;
(G) Transportation, freight, and storage services; or
(H) Housing.
(2) A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1).
(b) A price increase is not grossly excessive if the increase was directly attributable to:
(1) Price increases in applicable regional, national, or international commodity markets;
(2) Pricing set forth in any pre-existing agreement, including stored and in-transit inventory;
(3) Additional costs imposed on the person by the supplier of the goods or services; or
(4) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges.
