HB 4107

Abstract

Creates the Consumer Protection Fuel Price Gouging Act. Provides that, upon a declaration of disaster by the Governor, it is unlawful for any motor-fuel vendor to sell or offer to sell motor fuel within the State at a price that is increased because of the vendor's knowledge of a perceived disruption in the motor-fuel market. An increase in the price of motor fuel during the period of a disaster declaration is rebuttably presumed to be based upon the vendor's knowledge of a perceived disruption in the motor-fuel market if: (1) the amount charged represents a gross disparity between the price at which the motor fuel was readily obtainable within the vendor's trade area during the 7 days immediately before the disaster declaration; and (2) the increase in the amount charged is not attributable to cost factors to the vendor, including replacement costs, taxes, and transportation costs incurred by the vendor. Provides that a violation of this Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, but nothing in this Act creates a private cause of action in favor of any person damaged by a violation of this Act, but individuals may complain to the Attorney General. Preempts home rule. Amends the Consumer Fraud and Deceptive Business Practices Act to make corresponding changes. Effective immediately.