Every single comment here goes to prove my point.
THIS IS A MATTER OF PERSPECTIVE. Some think it's gouging, some don't.
Price gouging could be generally defined as altering the price of a product, during an event/catastrophe, to take advantage of panic buying or desperate conditions.
https://definitions.uslegal.com/p/price-gouging/
I've been told that I'm "off the rails", etc, in this topic. But panic induces altered perspectives in those experiencing the phenomenon. Let's look at facts; you all know I'm all about the facts (and laws). Here's some "perspective" for you all ...
In IN, where I'm at, it only covers fuel. Nothing more.
https://www.lawserver.com/law/state/indiana/in-code/indiana_code_4-6-9-1-2
In TX, it's a broader scope, with greater contributing conditions, but NOWHERE can I find any cause to prosecute the BB location employees for "price gouging". The TX laws are based on "deceptive practices" and such ...
https://www.texasattorneygeneral.gov/cpd/price-gouging
http://www.statutes.legis.state.tx.us/SOTWDocs/BC/htm/BC.17.htm#17.46
"
(27) taking advantage of a disaster declared by the governor under Chapter 418, Government Code, by:
(A) selling or leasing fuel, food, medicine, or another necessity at an exorbitant or excessive price; or
(B) demanding an exorbitant or excessive price in connection with the sale or lease of fuel, food, medicine, or another necessity; ... "
FACTS:
- they did not alter the price of a bottle of water one cent. It was $1.79 prior to the event, and it's still $1.79 at the time of the photo during the event.
- there is no legal requirement that they sell the bottled water as a "case". They are offering individual bottles in bulk; that's it and nothing more.
- there was no deceptive practice in the advertising of the product
Going to be REALLY hard for the TX ATTY General to claim this was a "deceptive trade practice" via gouging, when the product was fairly, openly, accurately advertised at a price that was completely identical to the pricing PRIOR to the event. This will not likely ever be prosecuted as a crime; it's not "gouging". Despite the fact that many folks emotionally recoil at the sight. As already said, the disgusting thing is that we all willing pay that same price every day of the year. And not one person complains to a point of internet hysteria during a "normal" day. In fact, as others have pointed out, bottles of water are MORE (up to $4 depending upon size) at kiosks in airports, movie theaters, etc.
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Was it bad PR? Absolutely.
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Was it a bad business practice? Perhaps ... (if they had shown a single bottle at $1.79, rather than a case at $43, we would not be having this conversation. )
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Was it criminal? No way in Hades. It does NOT qualify for "gouging" or "deceptive practice" by TX law
Additionally, at least in most of these states, there is an understanding of the conditions that are LEGITIMATE that induce higher costs. For example, bringing in supplies from other areas will likely induce higher transportation costs (trucked in from other regions), paying overtime for outside sourcing to make "more" in other locations, etc. The cost of gas will go up because the total national capacity is affected by the Houston area being unable to make fuel. Therefore the entire nation will see price increases, and trucking that fuel INTO the devastated region has more associated costs. That same concept applies to food and other products like generators.
If I decide to "help" with relief, I can buy generators here in IN, load them into my Chevy truck, and as long as I don't "overcharge" for my legit costs, I am NOT gouging. For example:
price paid for the generator
price of fuel to drive from IN to TX
price of my time (estimated from my base pay at my regular job converted to drive time hours to/from TX)
Certainly it costs MORE for me to get a generator to you; I'm several states away. But as long as I don't OVERCHARGE past a reasonable reflection of my costs, I'm not "gouging" and therefore not breaking the law. The same goes for water. If I bought cases of water in IN, and drove them to TX, there is no way my price per case is going to be the same. I have to get paid for my miles and time. That is true for ANY individual or company that has to bring resources into a region that is not normally served by the alternate source location.
Don't let your perspective loose sight of the law and common sense.