FOR IMMEDIATE RELEASE: October 20, 2005
CONTACT: JoAnn Carrin,5 850-245-0150
Hurricane Wilma Prompts Consumer Alert from Attorney General
TALLAHASSEE – Attorney General Charlie Crist today urged
Floridians and visitors to take all necessary safety precautions as
Hurricane Wilma approaches the state and to be alert for
unscrupulous businesses operators who try to take advantage of them.
Crist mobilized his office and staffed a toll-free hotline at
1-866-9-NO-SCAM (1-866-966-7226) to handle consumer calls over
possible price gouging. The Attorney General's action follows
Governor Jeb Bush's official declaration of a state of emergency for
all of Florida due to Wilma, extending the ongoing state of
emergency that has been in effect from Hurricanes Dennis, Katrina
and Rita.
"Above all else, Floridians need to be concerned with their
safety,” said Crist. “Unfortunately, Florida has become all too
familiar with the many threats hurricanes and tropical storms can
bring, including price gouging. Our office is here to protect them
from being victimized a second time."
Those who suspect price gouging before or after the storm should
call the Attorney General's hotline at 1-866-966-7226, and
investigators will look into the complaint. Florida law prohibits
extreme increases in the price of such commodities as food, water,
hotels, ice, gasoline, lumber and equipment needed as a direct
result of an officially declared emergency.
Under Florida law, a commodity's price is unconscionable if the
increase in the price represents a "gross disparity" from the
average price of that commodity during the 30 days immediately prior
to the declared emergency. This applies unless the increase is
attributable to additional costs incurred by the seller or to
national or international market trends.
Violators of the price gouging statute are subject to civil
penalties of $1,000 per violation, up to a total of $25,000 for
multiple violations committed in a single 24-hour period. A new law
enacted this year criminalizes price gouging and provides that
during a declared state of emergency, any person who offers goods
and services for sale to the public without possessing an
occupational license commits a second-degree misdemeanor.
Crist also cautioned consumers to be wary of business scams that
might arise in the wake of Wilma, including building repair and tree
removal companies that come into storm-affected areas. The Attorney
General said residents should deal whenever possible with
established local companies when they contract for repairs or
arrange financing to pay for any repairs that might not be covered
by insurance.
Consumers should be wary of any unsolicited "contractor" who
knocks on the door with an offer to fix a damaged roof or windows.
Before signing any contracts, Floridians should check the
contractor's license, payment terms and other provisions, Crist
said.
Already this year the Attorney General’s Office has received more
than 4,300 complaints related to price gouging associated with
earlier Hurricanes Dennis, Katrina and Rita, and has filed two
lawsuits against Tallahassee gas stations for alleged price gouging
during Katrina. In addition, the office has subpoenaed four oil
companies for records associated with gas prices during Dennis and
Katrina.
During last year's record-setting hurricane season, the Attorney
General's Office received 8,911 complaints through its price gouging
hotline. The office initiated 58 formal investigations and filed 13
price gouging lawsuits against hotels, generator businesses, tree
removal companies and other businesses. To date the Attorney
General's Office has recovered more than $939,000 in restitution for
Florida consumers and civil penalties from settlements and other
resolutions stemming from the 2004 hurricane season. Other
investigations and settlement negotiations are ongoing.
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