2006 Code of Virginia § 59.1-527 - Prohibitions

59.1-527. Prohibitions.

During any time of disaster, it shall be unlawful for any supplier to sell,lease, or license, or to offer to sell, lease, or license, any necessarygoods and services at an unconscionable price within the area for which thestate of emergency is declared. Actual sales at the increased price shall notbe required for the increase to be considered unconscionable. In determiningwhether a price increase is unconscionable, the following shall be considered:

1. Whether the price charged by the supplier grossly exceeded the pricecharged by the supplier for the same or similar goods or services during the10 days immediately prior to the time of disaster, provided that, withrespect to any supplier who was offering a good or service at a reduced priceimmediately prior to the time of disaster, the price at which the supplierusually offers the good or service shall be used as the benchmark for thesepurposes;

2. Whether the price charged by the supplier grossly exceeded the price atwhich the same or similar goods or services were readily obtainable byconsumers in the trade area during the 10 days immediately prior to the timeof disaster;

3. Whether the increase in the amount charged by the supplier wasattributable solely to additional costs incurred by the supplier inconnection with the sale of the goods or services, including additional costsimposed by the supplier's source. Proof that the supplier incurred suchadditional costs during the time of disaster shall be prima facie evidencethat the price increase was not unconscionable; and

4. Whether the increase in the amount charged by the supplier wasattributable solely to a regular seasonal or holiday adjustment in the pricecharged for the good or service. Proof that the supplier regularly increasedthe price for a particular good or service during portions of the periodcovered by the time of disaster would be prima facie evidence that the priceincrease was not unconscionable during those periods.

(2004, cc. 798, 817.)

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