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For Immediate Release:
For Further Information:
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September 23, 2011

Office of The Attorney General
- Paula T. Dow, Attorney General
Division of Consumer Affairs
- Thomas R. Calcagni, Director

Media Inquiries-
Jeff Lamm, or
Neal Buccino
973-504-6327
Citizen Inquiries-
609-292-4925

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Division of Consumer Affairs’ Office of Weights and Measures Charges Three Gas Station Owners With Pricing Violations Following Hurricane Irene
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NEWARK – The owners of three gas stations have been charged with allegedly raising gasoline prices multiple times within a 24-hour period, in violation of the state’s Motor Fuels law, immediately following Hurricane Irene earlier this month.

State Office of Weights and Measures (OWM) inspectors issued the summonses after conducting investigations for potential price gouging at each of the three stations. While investigators did not find evidence of price gouging, station employees did allegedly change gas prices more than once in a 24-hour period in violation of state law.

“Attempting to illegally profit during someone’s time of need following a natural disaster is shameful,” Attorney General Paula T. Dow said. “Law enforcement agencies at all levels across New Jersey remain vigilant during the ongoing recovery efforts from Hurricane Irene and will take action against those who target storm victims.”

The gas stations issued summonses are:

Delta 2042 South Broad St. Trenton
Lukoil 298 Kings Highway (Rt. 41) Cherry Hill
Citgo 1402 Route 47 Rio Grande

Under the Motor Fuels law, the station owners face a civil penalty of up to $1,500 for an initial violation. The summonses will be adjudicated in the municipal court of the town where the gas station is located.

The law prohibiting price gouging is triggered during a declared state of emergency and prohibits a merchant from charging more than 10 percent over the price of the good or service prior to the state of emergency, unless the price increase is attributable to the merchant’s additional costs.

“Although the charged conduct doesn’t constitute price gouging under state law, it’s no less reprehensible,” said Thomas R. Calcagni, Director of the State Division of Consumer Affairs. “New Jersey residents suffered enough as a result of Hurricane Irene, and the actions of these gas stations, if true, add insult to injury. We continue to send our investigators into the field, to alert local officials and storm victims to the issues we are finding, and to follow up on each and every storm-related complaint filed with us.”

Investigations against the Delta and Lukoil stations were initiated by the filing of consumer complaints, while OWM inspectors discovered the price change violation at the Citgo station following a routine inspection.

To date, the Division has received 103 consumer complaints related to illegal pricing in the wake of Hurricane Irene, 74 of which were determined to be unfounded following investigations. The alleged gas station violations announced today are the first substantiated violations related to Hurricane Irene. Investigations continue with respect to the remaining 26 complaints.

Director Calcagni commended Robert J. Campanelli, State Weights and Measures Acting Superintendent, for his leadership in overseeing gas station inspections.

Deputy Attorney General Neil Magnus is representing the Division and OWM in the three gas station cases.

Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file a complaint with the State Division of Consumer Affairs by visiting its website, www.NJConsumerAffairs.gov, or by calling 1-800-242-5846 (toll free within New Jersey) or 973-504-6200.

Follow the Division of Consumer Affairs on Facebook, at www.facebook.com/pages/NJ-Division-of-Consumer-Affairs/112957465445651; and check our online calendar of upcoming Consumer Outreach events, at www.NJConsumerAffairs.gov/outreach/ .

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