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Re: "unconscionably excessive"
Posted by Rita B (more from Rita B) on Wed, 20 Jun 2012 10:35:42
In Reply to: Re: "unconscionably excessive", davidgmills, Wed, 20 Jun 2012 09:06:13
But the 20% differential is only valid when compared with the 7 days *prior* to the sale, not subsequent. You've quoted a subsequent *single* price, when the statute requires a *prior* *average* price. Unless only one traded hands in the prior seven days, you've got some more research to do before you can state a claim.

(b) Evidence of unconscionably excessive price.--It is prima
facie evidence that a price is unconscionably excessive if,
during and within 30 days of the termination of a state of
disaster emergency, parties within the chain of distribution
charge a price that exceeds an amount equal to or in excess of
20% of the average price at which the same or similar consumer
goods or services were obtainable in the affected area during
the last seven days immediately prior to the declared state of
emergency.

This analysis might all be for nothing. No one has yet agreed that Saab's part availability is a "declared state of emergency."

posted by 199.244.214...
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