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ARTICLE · 13 MARCH 2023

NY Attorney General Proposes Price Gouging Rules

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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Last week, as severe weather hit the country, price gouging laws were triggered ranging as far as California to Kentucky. And as we've previously reported, complying...

United StatesConsumer Protection
Paul Singer
Paul Singer
Abigail Stempson
Abigail Stempson
Gonzalo E. Mon
Gonzalo E. Mon
Beth Bolen Chun
Beth Bolen Chun

Last week, as severe weather hit the country, price gouging laws were triggered ranging as far as California to Kentucky. And as we've previously reported, complying with the varied state price gouging laws can be tricky, especially where they use undefined terms like "excessive" or "exorbitant" to define price gouging. Last week the New York Attorney General announced proposed rules designed strengthen enforcement of New York's price gouging law, which was last updated in 2020 to grant the Office of the Attorney General (or "OAG") rulemaking authority. The rules would provide some needed clarity to the existing law, but would also impose new restrictions.

The OAG noted three important considerations that they factored in when crafting the rules:

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