                                 CODE OF VIRGINIA

PROHIBITIONS (§ 59.1-527)

During any time of disaster, it shall be unlawful for any supplier to sell,
lease, or license, or to offer to sell, lease, or license, any necessary goods
and services at an unconscionable price within the area for which the state of
emergency is declared. Actual sales at the increased price shall not be required
for the increase to be considered unconscionable. In determining whether a price
increase is unconscionable, the following shall be considered:

1. Whether the price charged by the supplier grossly exceeded the price charged
by the supplier for the same or similar goods or services during the 10 days
immediately prior to the time of disaster, provided that, with respect to any
supplier who was offering a good or service at a reduced price immediately prior
to the time of disaster, the price at which the supplier usually offers the good
or service shall be used as the benchmark for these purposes;

2. Whether the price charged by the supplier grossly exceeded the price at which
the same or similar goods or services were readily obtainable by purchasers in
the trade area during the 10 days immediately prior to the time of disaster;

3. Whether the increase in the amount charged by the supplier was attributable
solely to additional costs incurred by the supplier in connection with the sale
of the goods or services, including additional costs imposed by the
supplier&#8217;s source. Proof that the supplier incurred such additional costs
during the time of disaster shall be prima facie evidence that the price
increase by that supplier was not unconscionable; and

4. Whether the increase in the amount charged by the supplier was attributable
solely to a regular seasonal or holiday adjustment in the price charged for the
good or service. Proof that the supplier regularly increased the price for a
particular good or service during portions of the period covered by the time of
disaster would be prima facie evidence that the price increase was not
unconscionable during those periods.

HISTORY: 2004, cc. 798, 817; 2020, Sp. Sess. I, c. 16.