OCA Fines Coastal Empire Gas Station for Price Gouging

Governor’s Office of Consumer Affairs
Published: January 9, 2009

The Governor’s Office of Consumer Affairs (OCA) has announced settlements reached as a result of recent gasoline price-gouging investigations.  OCA began the investigation of price gouging immediately after Governor Perdue’s Executive Order of September 12, 2008.

Under Georgia law, price-control statutes are activated upon the Governor’s declaration of a state of emergency.  During the declared state of emergency, businesses may not sell any goods or services necessary to protect the health, safety or property of citizens at prices higher than the prices at which those same goods or services were offered before the declaration of a state of emergency.  The only exception allowed is if the business can document that the price was increased only in an amount which accurately reflects an increase in the cost of the goods or services to the person selling the goods or services or an increase in the cost of transporting the goods or service into the area.  Absent a declared state of emergency, competition and demand drive prices in our free-market economy.

As of December 31st, 21 cases have been resolved - 12 with a finding of no price gouging and 9 with a finding of price gouging.  Cases were evaluated on the individual facts, and the settlements with violators included fines, consumer restitution or both.  All fines collected were deposited in the State treasury.  If a gas station operator was required to provide consumer restitution, he or she had to post signage stating that customers with receipts who were covered by the agreement were eligible for refunds.

The recent settlements include the following businesses:

•Aden’s Minute Mart # 42, 1126 Bowens Mill Road, Douglas, Georgia – Restitution plus $1,000 fine
•Aden’s Minit Market # 50, Georgia Highway 111, Meigs, Georgia – Restitution plus $750
•Aden’s Minute Market # 52, 2067 U.S. Highway 19 SE, Pelham, Georgia – Restitution plus $1,000
•Stop N Shop #2, 3107 Lanes Bridge Road, Jessup, Georgia – Restitution plus $500
•Fillers #22, 801 Georgia Highway 96, Warner Robins, Georgia – Restitution only
•Fillers #24, 101 Marshallville Road, Perry, Georgia – Restitution only
•Marathon Ashland, 1325 South Main Street, Cedartown, Georgia – Restitution only
•Ashley’s Convenience Store, 6001 Ogeechee Road, Savannah, Georgia – Restitution plus $3,000
•Executive Park Chevron, 2911 Buford Highway, Atlanta, Georgia – Restitution plus $5,000

OCA, which received more than 2,000 complaints or inquiries about price gouging or gas shortages, is still investigating a number of cases.  The agency also put hundreds of stations on notice of the provisions of the price-gouging statute in order to avoid future violations.