Bill > A00094

This bill modifies New York's price gouging law by expanding and strengthening provisions against excessive pricing during market disruptions. The bill removes the requirement that a state of emergency must be declared to trigger price gouging protections and introduces criminal penalties for violations. It defines "abnormal disruption of the market" more broadly to include events like weather emergencies, strikes, civil disorders, and drug shortages, without mandating a gubernatorial emergency declaration. The law applies to consumer goods, essential medical supplies, and services used for personal, family, or household purposes. Courts will determine if a price is "unconscionably excessive" by examining factors such as extreme price increases, unfair leverage, or a combination of both. Businesses can defend against price gouging allegations by demonstrating that they maintained their typical profit margins or faced uncontrollable additional costs. The bill also increases potential civil penalties to up to $25,000 per violation or three times the gross receipts, and now allows district attorneys to file criminal charges in addition to the existing authority of the attorney general to seek civil injunctions and penalties. The changes aim to provide stronger consumer protections during challenging market conditions.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A94