HB 1914 — An Act amending the act of October 31, 2006 (P.L.1210, No.133), known as the Price Gouging Act, further providing for definitions, for price gouging prohibited and for investigation.

PRINTER'S NO.   2395

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1914
                                               Session of
                                                 2025

     INTRODUCED BY MAKO, OCTOBER 1, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, OCTOBER 1, 2025


                                    AN ACT
 1   Amending the act of October 31, 2006 (P.L.1210, No.133),
 2      entitled "An act prohibiting price gouging; and imposing
 3      penalties," further providing for definitions, for price
 4      gouging prohibited and for investigation.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The definition of "unconscionably excessive" in
 8   section 3 of the act of October 31, 2006 (P.L.1210, No.133),
 9   known as the Price Gouging Act, is amended and the section is
10   amended by adding a definition to read:
11   Section 3.   Definitions.
12      The following words and phrases when used in this act shall
13   have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      * * *
16      "Cost."   Any cost directly or indirectly related to the sale
17   of a consumer good or service or the operation of a seller's
18   business. The term includes replacement costs, credit card
19   costs, taxes and transportation costs.
 1      * * *
 2      ["Unconscionably excessive."   A price is unconscionably
 3   excessive when the amount charged represents a gross disparity
 4   between the price of the consumer goods or services and the
 5   price at which the consumer goods or services were sold or
 6   offered for sale within the chain of distribution in the usual
 7   course of business seven days immediately prior to the state of
 8   disaster emergency.]
 9      Section 2.   Sections 4(a), (b), (c) and (d) and 5(a) of the
10   act are amended to read:
11   Section 4.   Price gouging prohibited.
12      (a)   Prohibition.--[During and within 30 days of the
13   termination] On the declaration of a state of disaster emergency
14   [declared] by the Governor pursuant to the provisions of 35
15   Pa.C.S. § 7301(c) (relating to general authority of Governor),
16   the Governor may, by expressly stating in a declaration of a
17   state of disaster emergency that the provisions of this act are
18   applicable, impose a price restriction under this section on the
19   sale of consumer goods or services necessary for use or
20   consumption in the affected geographic area as a direct result
21   of the state of disaster emergency for a period of 15 days. The
22   price restriction may be renewed for up to three additional 15-
23   day periods as may be necessary. During the period the price
24   restriction is in effect, it shall be a violation of this act
25   for any party within the chain of distribution of consumer goods
26   or services or both to sell or offer to sell the affected goods
27   or services within the geographic region that is the subject of
28   the declared emergency for an amount which represents an
29   unconscionably excessive price.
30      (b)   [Evidence of unconscionably] Unconscionably excessive

20250HB1914PN2395                  - 2 -
 1   price.--[It is prima facie evidence that a price is
 2   unconscionably excessive if, during and within 30 days of the
 3   termination of a state of disaster emergency, parties within the
 4   chain of distribution charge a price that exceeds an amount
 5   equal to or in excess of 20% of the average price at which the
 6   same or similar consumer goods or services were obtainable in
 7   the affected area during the last seven days immediately prior
 8   to the declared state of emergency.]
 9          (1)   Whether a price is an unconscionably excessive price
10      is a question of law. The court shall consider all relevant
11      factors, including whether there is a gross disparity between
12      the seller's price immediately before the price restriction
13      under subsection (a) was imposed and the seller's price
14      following the declaration of a state of disaster emergency
15      and whether the seller's price substantially exceeds those
16      prevailing on the date and in the locality in question.
17          (2)   A price is not an unconscionably excessive price if
18      the price:
19                (i)    is 10% or less above the seller's price
20          immediately before the price restriction under subsection
21          (a) was imposed;
22                (ii)    is 10% or less above the sum of the seller's
23          cost and normal markup for the good or service;
24                (iii)    is consistent with price fluctuations in
25          applicable commodity, regional, national or international
26          markets or with seasonal price fluctuations; or
27                (iv)    is a contract price, or the result of a price
28          formula, including a price formula used in connection
29          with the reservation of goods or services for future use,
30          established before the price restriction under subsection

20250HB1914PN2395                     - 3 -
 1            (a) was imposed.
 2            (3)    It is prima facie evidence that a price is an
 3      unconscionably excessive price if none of the factors in
 4      paragraph (2) applies to that price.
 5      (c)   Nonapplicability.--
 6            [(1)    The provisions of this section shall not apply if
 7      the increase in price is due to a disparity that is
 8      substantially attributable to additional costs that arose
 9      within the chain of distribution in connection with the sale
10      of consumer goods or services, including replacement costs,
11      credit card costs, taxes and transportation costs.
12            (2)]    The provisions of this act shall not apply to the
13      sale of goods or services sold by a person pursuant to a
14      tariff or rate approved by a Federal or Commonwealth agency
15      with power and authority over sales of such goods or
16      services.
17      (d)   Price reduction.--A person selling consumer goods or
18   services who receives any price reduction, after an increase in
19   his cost which is substantially attributable to costs that arose
20   within the chain of distribution [as set forth in subsection
21   (c)], may rebut an allegation of selling at an unconscionably
22   excessive price if he reduces the price by a like amount within
23   a reasonable period, not to exceed seven days, of acquiring the
24   consumer good or service at such reduced price.
25      * * *
26   Section 5.      Investigation.
27      (a)   Authority.--The Bureau of Consumer Protection in the
28   Office of Attorney General shall investigate any complaints
29   received concerning violations of this act. If, after
30   investigating any complaint, the Attorney General finds that

20250HB1914PN2395                     - 4 -
 1   there has been a violation of this act, the Attorney General may
 2   bring an action to impose a civil penalty up to $10,000 for each
 3   willful violation, with an aggregate total that may not exceed
 4   $25,000 for a 24-hour period against a seller, and to seek other
 5   relief, including injunctive relief, restitution and costs under
 6   the act of December 17, 1968 (P.L.1224, No.387), known as the
 7   Unfair Trade Practices and Consumer Protection Law. The civil
 8   penalty under this subsection shall be the sole penalty for
 9   conduct in violation of this act. Nothing in this subsection
10   shall be construed to create or imply a private cause of action
11   for a violation of this act.
12      * * *
13      Section 3.   This act shall take effect in 60 days.




20250HB1914PN2395                   - 5 -