Regards,
mam98031 • Volunteer Community Member • Buyer/Seller since 1999
I just heard on the news that with the US in a State of Emergency States with Price Gouging Laws can take action against Resellers who are at fault, INCLUDING (and they Named these) both eBay and Amazon.
Now, all those threads about price gouging take on a new perspective. If the state of California has a price gouging law in place OR passes one in short order then I suspect eBay will have the authority to regulate prices sold through its venue ...
@mr_lincoln wrote:
@andrew547 wrote:@mr_lincoln one could spend all day fact checking your posts...
State price gouging laws are going to require a State-declared state of emergency, not federal. Two different things.
You are welcome to spend your time how ever you chose ... Fox News was my source for this thread, they will probably replay the segment I saw several times, as is their pattern, so feel free to watch that. If you want to fact check my other posts on comparing the 2009 Swine flu and the 17,000 US deaths from that one you can, I researched it on the internet and was surprised today that those figures were broadcast on Fox News today.
Regarding the legalities of State Price Gouging Laws and this thread, had they not specifically mentioned eBay and Amazon on the news broadcast we wouldn't be having this conversation because its doubtful I would have posted on it ...
So, I am certainly not offended but felt the need to clarify my position ...
As I remember it Ebay's first announced the ban a day or two BEFORE it was reported on TV in regards to price gouging on the site. They were ahead of it. Maybe not by much, but still they were. Then there second announcement about it came a couples days after the news reports.
@andrew547 wrote:
@mr_lincoln wrote:I respect your opinion but disagree ...
You disagree with what?
Contrary to your assertion, there is no federal price gouging law that applies to ebay selling and hence this conversation.
If you disagree, provide a citation.
Please re-read the OP, neither the title nor the post said anything about a "FEDERAL price gouging law"
@mam98031 wrote:
@mr_lincoln wrote:
@andrew547 wrote:@mr_lincoln one could spend all day fact checking your posts...
State price gouging laws are going to require a State-declared state of emergency, not federal. Two different things.
You are welcome to spend your time how ever you chose ... Fox News was my source for this thread, they will probably replay the segment I saw several times, as is their pattern, so feel free to watch that. If you want to fact check my other posts on comparing the 2009 Swine flu and the 17,000 US deaths from that one you can, I researched it on the internet and was surprised today that those figures were broadcast on Fox News today.
Regarding the legalities of State Price Gouging Laws and this thread, had they not specifically mentioned eBay and Amazon on the news broadcast we wouldn't be having this conversation because its doubtful I would have posted on it ...
So, I am certainly not offended but felt the need to clarify my position ...
As I remember it Ebay's first announced the ban a day or two BEFORE it was reported on TV in regards to price gouging on the site. They were ahead of it. Maybe not by much, but still they were. Then there second announcement about it came a couples days after the news reports.
Thanks for that ... yes, eBay stated they would remove the listings, that's a big job but I am wondering if in a State of Emergency whether or not they can actually SET the price rather then remove the items. Making the items available in an Emergency IMHO is important but to protect the consumer the Anti-Price Gouging Laws would help prevent what we are seeing happen on eBay (and as the news reported) Amazon.
@andrew547 wrote:
@mr_lincoln wrote:I respect your opinion but disagree ...
You disagree with what?
Contrary to your assertion, there is no federal price gouging law that applies to ebay selling and hence this conversation.
If you disagree, provide a citation.
per: oag.ca.gov
What is price gouging?
Price gouging refers to sellers trying to take unfair advantage of consumers during an emergency or disaster by greatly increasing prices for essential consumer goods and services.
Is price gouging illegal in California?
Yes, in certain circumstances. California’s anti-price gouging statute, Penal Code Section 396, prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared.
Local laws may also contain their own prohibitions on price gouging.
When does California’s anti-price gouging statute apply?
The statute applies immediately after the President of the United States, the Governor of California, or city or county executive officer declares a state of emergency.
@inhawaii wrote:
@mr_lincoln wrote:
Penal Code Section 396, prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared.That clears it all up. You can sell TP, hand sanitizer and N95 masks for 10% more than the pre-emergency price. And what would that price be? And who decides on that price? And where can i get that list? I don't want to price gouge. I want to price my items exactly 10% over the agreed upon price, whatever that is.
I've seen "Suggested retail price" tags on items before in stores, so unless I am mistaken (LOL, can't wait for replies to that one!) the 10% would be over the "Suggest retail price" ... which I am sure the manufacturer provides to retailers ...
btw, thanks for dropping in on the thread, was wondering when you might find it!!! Has Hawaii enacted any travel bans between the islands or to the mainland or anything?
@inhawaii wrote: "You know how i can't resist price gouging threads. "
___________________________________________________________________
LOL! Good one! I've posted on a few and while I agree that it's rather sleazy for Gougers in the end unless eBay steps in (like they are trying to do) a Seller can price something for whatever they want ... so then it comes don't to Buyers simply NOT purchasing from them and the prices will eventually come down ... hopefully those Gougers in the end will get stuck with their inventory and not be able to sell it ... and that could happen sooner rather than later if the CDC comes out with a statement about those products not being effective ... stranger things have happened.
As to the prices on the Masks ... keep in mind eBay announced they would be taking down certain listings ... now with the Federal Government's State of Emergency they may become more aggressive OR regulate the prices if their state laws allow that (or if eBay simply decides to do it, it's their venue after all).
@socalboomer50 wrote:California Governor Newsom Declared State of Emergency to Help State Prepare for Broader Spread of COVID-19 on March 4th.
The emergency proclamation includes provisions that protect consumers against price gouging, allow for health care workers to come from out of state to assist at health care facilities, and give health care facilities the flexibility to plan and adapt to accommodate incoming patients.
My sincere thanks, worthy of a repeat!!
I am confident eBay is not trying to dodge state law and I think taking down all "price gouged" items on the site is a daunting task as it relates to Coronavirus related items they identified on their Announcement. Not to mention the raw material ingredients for say hand sanitizers. Local stores have been selling out of those items too. On a certain level I would almost like to see them regulate pricing opposed to taking the items down completely because those Sellers will simply turn around and try their gouging techniques elsewhere AND for as long as they can get away with it ...
@mr_lincoln wrote:
@mam98031 wrote:
@mr_lincoln wrote:
@andrew547 wrote:@mr_lincoln one could spend all day fact checking your posts...
State price gouging laws are going to require a State-declared state of emergency, not federal. Two different things.
You are welcome to spend your time how ever you chose ... Fox News was my source for this thread, they will probably replay the segment I saw several times, as is their pattern, so feel free to watch that. If you want to fact check my other posts on comparing the 2009 Swine flu and the 17,000 US deaths from that one you can, I researched it on the internet and was surprised today that those figures were broadcast on Fox News today.
Regarding the legalities of State Price Gouging Laws and this thread, had they not specifically mentioned eBay and Amazon on the news broadcast we wouldn't be having this conversation because its doubtful I would have posted on it ...
So, I am certainly not offended but felt the need to clarify my position ...
As I remember it Ebay's first announced the ban a day or two BEFORE it was reported on TV in regards to price gouging on the site. They were ahead of it. Maybe not by much, but still they were. Then there second announcement about it came a couples days after the news reports.
Thanks for that ... yes, eBay stated they would remove the listings, that's a big job but I am wondering if in a State of Emergency whether or not they can actually SET the price rather then remove the items. Making the items available in an Emergency IMHO is important but to protect the consumer the Anti-Price Gouging Laws would help prevent what we are seeing happen on eBay (and as the news reported) Amazon.
NO because that would be against the laws for Price Fixing. Ebay can't do that without flying in the face of the Price Fixing laws. What they did was their best option in an effort to comply to the laws of the land.
@inhawaii wrote:
@mr_lincoln wrote:
Penal Code Section 396, prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared.That clears it all up. You can sell TP, hand sanitizer and N95 masks for 10% more than the pre-emergency price. And what would that price be? And who decides on that price? And where can i get that list? I don't want to price gouge. I want to price my items exactly 10% over the agreed upon price, whatever that is.
I think looking at this seriously it is easier to answer those questions and likely you could answer them yourself. Who decides is easy, that would be the state government. Whomever they put in charge of it. I have not read anything about states being unreasonable in these matters. I'm sure there may be stories out there over the years, but I haven't heard about them is all I'm saying.
It benefits no one to over react to price gouging. We just need to act responsibly and everything else will fall in line.
