Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 18, 2014
The Firm
201-896-4100 info@sh-law.comThe 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.
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.
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.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!