I 
115TH CONGRESS 
1ST SESSION H. R. 4196 
To prohibit price gouging after a major disaster, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 31, 2017 
Mr. PALLONE introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To prohibit price gouging after a major disaster, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Targeting Ameri-
cans in Natural Disasters with Unconscionable Prices Act 
of 2017’’ or the ‘‘STAND UP Act of 2017’’. 
SEC. 2. PREVENTION OF PRICE GOUGING. 
(a) IN GENERAL.—During the 180-day period begin-
ning on the date on which a major disaster is declared 
by the President, it shall be unlawful for any person to 
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sell or offer for sale a consumer good or service in an af-
fected area at a price that— 
(1) is unconscionably excessive; and 
(2) indicates the seller is taking unfair advan-
tage of the circumstances related to a major disaster 
to increase prices unreasonably. 
(b) FACTORS FOR CONSIDERATION.—In determining 
whether a person has violated subsection (a), there shall 
be taken into account, with respect to the price at which 
such person sold or offered for sale the consumer good 
or service, factors that include the following: 
(1) Whether such price grossly exceeds the av-
erage price at which the same or a similar consumer 
good or service was sold or offered for sale by such 
person in the affected area— 
(A) during the 90-day period immediately 
preceding the 180-day period described in such 
subsection; or 
(B) during the same 180-day period of the 
previous year. 
(2) Whether such price grossly exceeds the av-
erage price at which the same or a similar consumer 
good or service was readily obtainable from other 
similarly situated competing sellers in the affected 
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area during the 180-day period described in such 
subsection. 
(3) Whether such price reasonably reflects addi-
tional costs, not within the control of such person, 
that were paid, incurred, or reasonably anticipated 
by such person, or reasonably reflects the profit-
ability of forgone sales or additional risks taken by 
such person, to produce, distribute, obtain, or sell 
such consumer good or service under the cir-
cumstances. 
(4) Whether such price is substantially attrib-
utable to local, regional, national, or international 
market conditions. 
SEC. 3. ENFORCEMENT. 
(a) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of section 2 shall be treated as 
a violation of a regulation under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce section 2 in the same manner, by 
the same means, and with the same jurisdiction, 
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powers, and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act. Any person who violates 
such section shall be subject to the penalties and en-
titled to the privileges and immunities provided in 
the Federal Trade Commission Act. 
(b) EFFECT ON OTHER LAWS.—Nothing in this Act 
shall be construed in any way to limit or affect the author-
ity of the Commission under any other provision of law. 
(c) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) IN GENERAL.—If the chief law enforcement 
officer of a State, or an official or agency designated 
by a State, has reason to believe that any person has 
violated or is violating section 2, the attorney gen-
eral, official, or agency of the State, in addition to 
any authority it may have to bring an action in 
State court under its consumer protection law, may 
bring a civil action in any appropriate United States 
district court or in any other court of competent ju-
risdiction, including a State court, to— 
(A) enjoin further such violation by such 
person; 
(B) enforce compliance with such section; 
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(C) obtain civil penalties; and 
(D) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State. 
(2) NOTICE
AND
INTERVENTION
BY
THE 
FTC.—The attorney general of a State shall provide 
prior written notice of any action under paragraph 
(1) to the Commission and provide the Commission 
with a copy of the complaint in the action, except in 
any case in which such prior notice is not feasible, 
in which case the attorney general shall serve such 
notice immediately upon instituting such action. The 
Commission shall have the right— 
(A) to intervene in the action; 
(B) upon so intervening, to be heard on all 
matters arising therein; and 
(C) to file petitions for appeal. 
(3) LIMITATION ON STATE ACTION WHILE FED-
ERAL ACTION IS PENDING.—If the Commission has 
instituted a civil action for violation of this Act, no 
State attorney general, or official or agency of a 
State, may bring an action under this subsection 
during the pendency of that action against any de-
fendant named in the complaint of the Commission 
for any violation of this Act alleged in the complaint. 
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(4) RELATIONSHIP WITH STATE-LAW CLAIMS.— 
If the attorney general of a State has authority to 
bring an action under State law directed at acts or 
practices that also violate this Act, the attorney gen-
eral may assert the State-law claim and a claim 
under this Act in the same civil action. 
(d) SAVINGS CLAUSE.—Nothing in this Act shall pre-
empt or otherwise affect any State or local law. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) AFFECTED
AREA.—The term ‘‘affected 
area’’ means an area affected by a major disaster 
declared by the President under the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) CONSUMER GOOD OR SERVICE.—The term 
‘‘consumer good or service’’— 
(A) means a good, piece of equipment, or 
service provided primarily for personal, family, 
or household purposes, including food, water, 
ice, a chemical, a building supply, a tool, a pe-
troleum product, residential construction, recon-
struction, repair service, or a service for the re-
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moval of debris (including a damaged tree) or 
garbage; and 
(B) includes a property or a facility rented 
to a consumer for use as a residence or storage 
facility. 
(4) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ has the meaning given that term in section 
102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122). 
(5) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
Æ 
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