Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

New Jersey Businesses: Disasters Are Not the Time For Price Gouging

Author: Scarinci Hollenbeck, LLC

Date: September 18, 2014

Key Contacts

Back

The 2014 hurricane season has been kind to New Jersey so far. However, some New Jersey Businesses are still feeling the repercussions of their conduct in the wake of Superstorm Sandy. So far, the state has recovered a total of $1,080,702.64 in civil penalties, consumer restitution, and other fees from entities accused of having violated the New Jersey price gouging statute.

New Jersey’s Price Gouging Statute

Pursuant to N.J.S.A. 56:8-109, businesses are prohibited from imposing excessive price increases during a declared state of emergency for merchandise used as a direct result of an emergency or used to “protect the life, health, safety, or comfort of persons or their property.” The law defines excessive price increases as more than 10 percent above the price at which merchandise was sold during the normal course of business immediately prior to the state of emergency.

New Jersey businesses may raise prices in cases where their supplier imposes higher costs or the merchants otherwise incur additional costs of providing goods or services during the state of emergency. Even then, however, the markup above cost may not exceed 10 percent above the markup from cost applied in the usual course of business prior to the state of emergency. Businesses face fines up to $10,000 for a first violation and up to $20,000 for subsequent violations. Notably, each sale of merchandise is considered a separate event.

Recent Enforcement Actions

In the wake of Superstorm Sandy, the New Jersey Attorney General’s Office has cracked down on businesses, particularly hotels and gas stations, that violated the State’s price gouging statute. According to a press statement by the Division of Consumer Affairs, it has filed 27 enforcement actions, of which 23 have been resolved through settlement.

Most recently, Acting Attorney General John J. Hoffman announced a settlement with Amy Hotels, LLC, d/b/a “Econo Lodge,” in Egg Harbor Township. The hotel has agreed to pay $64,543.96 to resolve allegations that it engaged in 545 instances of unlawful price gouging, which purportedly included raising room rates from $79.00 to $199.99 per night during the state of emergency. An additional $25,000 in civil penalties is suspended but will become payable if the hotel fails to abide by the terms of the settlement within one year.

Early September marks the height of the Atlantic hurricane season, so we may not yet be out of the woods. Should disaster strike, we remind local businesses that trying to capitalize on others’ misfortune may not only harm your reputation, but also your bottom line.

If you have any questions about New Jersey’s price gouging statute or would like to discuss how a disaster may impact your business, please contact me or the Scarinci Hollenbeck attorney with whom you work.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List post image

Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List

ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Donald M. Pepe and Donald Scarinci of Scarinci Hollenbeck have once again been named to ROI-NJ’s 2026 Influencers: Law List, recognizing attorneys who continue to shape New Jersey’s legal and business landscape. The annual list highlights legal professionals whose […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List"
Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys post image

Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys

Scarinci Hollenbeck is proud to share that two highly acclaimed retired judges who now serve as Of Counsel to the firm, Hon. Ira E. Kreizman, J.S.C. and Hon. Ronald Lee Reisner, J.S.C., will be honored at the Monmouth Bar Association’s Golden Gala. The event recognizes members of the Monmouth Bar Association who have practiced law […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys"
NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List post image

NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List

Scarinci Hollenbeck is pleased to announce that NJ Real Estate Partner, Joe DeMarco, has been named a 2026 Leaders in Law Award Honoree by NJBIZ in the Real Estate: Construction, Environmental, Leasing category. The NJBIZ Leaders in Law program recognizes attorneys and general counsels whose professional accomplishments, leadership, and service to their communities demonstrate a […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List"
John M. Scagnelli Re-Elected to LSRPA Board of Trustees post image

John M. Scagnelli Re-Elected to LSRPA Board of Trustees

Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "John M. Scagnelli Re-Elected to LSRPA Board of Trustees"
Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey post image

Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey

Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey"
Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List post image

Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List

Scarinci Hollenbeck, LLC is pleased to announce that Donald M. Pepe, a partner in the firm’s Real Estate, Land Use and Development Group, has once again been named to ROI-NJ’s Influencers: Real Estate list for 2025. Donald Pepe has been included on the ROI Influencers: Real Estate list each year since 2022, reflecting his continued […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!