Unconscionable Pricing Act
Bill: H.R.732 | Sponsor: Rep. Speier, Jackie (D-CA)
Policy area: Commerce

Summary:
Unconscionable Pricing Act
This bill makes it unlawful for any person to sell, rent, or lease an emergency supply at an unconscionable price during a federally-declared emergency. A price is unconscionable if (1) it exceeds 10% of the average price for the same or similar emergency supply during the 30 days before the emergency was declared, and (2) such price increase is not related to the reasonable costs incurred to sell or rent the supply.  The bill provides authority for the Federal Trade Commission and state attorneys general to enforce the requirements of this bill.

To prohibit unconscionable pricing of emergency supplies for responders 
       during a Federal emergency period, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unconscionable Pricing Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to protect local and State government agencies and 
        private and nonprofit organizations acting in response to the 
        covered emergency to protect the health, safety, and welfare of 
        persons; and
            (2) to make it unlawful for any person to impose or 
        otherwise charge unconscionable prices to responders in the 
        region or State affected by a covered emergency for the 
        purchase or procurement of emergency supplies during the period 
        of the covered emergency.

SEC. 3. PROHIBITION OF UNCONSCIONABLE PRICING DURING DECLARED STATE OF 
              EMERGENCY.

    (a) In General.--During an emergency period it shall be unlawful 
for any person to impose unconscionable prices in the region or State 
affected by the emergency declaration for the sale, rental, lease, or 
procurement of any emergency supply.
    (b) Factors for Consideration.--In determining whether a seller has 
violated subsection (a), a price shall be considered unconscionable if 
any person during the emergency period charges a price that exceeds, by 
an amount equal to or in excess of 10 percent the average price at 
which the same or similar emergency supply was obtainable in the 
affected area during 30 days before the emergency declaration was 
issued and the increase in price charged is not attributable to 
reasonable costs incurred in connection with the rental or sale of the 
emergency supply.
    (c) Enforcement.--
            (1) Enforcement by the federal trade commission.--
                    (A) Unfair or deceptive acts or practices.--A 
                violation of subsection (a) 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.
                    (B) Powers of commission.--The Commission shall 
                enforce subsection (a) in the same manner, by the same 
                means, and with the same jurisdiction, 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 subsection shall be subject to 
                the penalties and entitled to the privileges and 
                immunities provided in the Federal Trade Commission 
                Act.
            (2) Effect on other laws.--Nothing in this Act shall be 
        construed in any way to limit the authority of the Commission 
        under any other provision of law or to limit the application of 
        any Federal or State law.
            (3) Enforcement by state attorneys general.--
                    (A) 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 subsection (a), the attorney 
                general, 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 
                jurisdiction, including a State court, to--
                            (i) enjoin further such violation by such 
                        person;
                            (ii) enforce compliance with such 
                        subsection;
                            (iii) obtain civil penalties; and
                            (iv) obtain damages, restitution, or other 
                        compensation on behalf of residents of the 
                        State.
                    (B) Notice and intervention by the federal trade 
                commission.--The attorney general of a State shall 
                provide prior written notice of any action under 
                subparagraph (A) 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--
                            (i) to intervene in the action;
                            (ii) upon so intervening, to be heard on 
                        all matters arising therein; and
                            (iii) to file petitions for appeal.
                    (C) Limitation on state action while federal action 
                is pending.--If the Commission has instituted a civil 
                action for violation of this section, no State attorney 
                general, or official or agency of a State, may bring an 
                action under this paragraph during the pendency of that 
                action against any defendant named in the complaint of 
                the Commission for any violation of this Act alleged in 
                the complaint.
    (d) Definitions.--In this section:
            (1) Emergency declaration.--The term ``emergency 
        declaration'' means--
                    (A) a public health emergency declared pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d); and
                    (B) a declaration of emergency declared pursuant to 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 note).
            (2) Emergency period.--The term ``emergency period'' means 
        the period of time following an emergency declaration, 
        including a renewal thereof, and for a period of 30 days after 
        such period ends.
            (3) Emergency supply.--The term ``emergency supply'' means 
        any good, material, or equipment needed by responders to 
        protect the health, safety, and welfare of persons during the 
        emergency period.
            (4) Person.--The term ``person'' shall include, but not be 
        limited to, natural persons, corporations, trusts, 
        partnerships, incorporated or unincorporated associations, and 
        any other legal entity.
            (5) Responders.--The term ``responders''--
                    (A) means any local or State governmental agency 
                and private and nonprofit organizations, whether 
                incorporated or unincorporated, acting in response to 
                the covered emergency to protect the health, safety, 
                and welfare of persons; and
                    (B) includes State and local departments 
                responsible for health and human services, State 
                procurement agencies, hospitals, and medical 
                facilities.
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