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Maryland’s price gouging law went into effect but who did it protect?

A customer looks for pipe insulation where the shelves are now empty inside a Home Depot, as people prepare for a rare and historic snowstorm in Baton Rouge, La., Monday, Jan. 20, 2025. (AP Photo/Gerald Herbert)
Gerald Herbert
/
AP
A customer looks for pipe insulation where the shelves are now empty inside a Home Depot, as people prepare for a rare and historic snowstorm in Baton Rouge, La., Monday, Jan. 20, 2025.

When a major winter storm hit the Baltimore region two weeks ago, residents scrambled to prepare. Shoppers rushed to stores for shovels, rock salt, and ice melt, but many found shelves empty or items sold out.

Some shoppers said they spotted those same items tucked elsewhere in the store, adding to confusion about whether shortages were real or being exaggerated.

Ravi Srinivasan, a professor of operations and supply chain management at Loyola University, said empty shelves are often the result of supply chain logistics.

“Usually, retailers like Home Depot and Walmart don’t want to carry too much inventory because inventory costs money, especially for seasonal items,” Srinivasan said. “They plan ahead but won’t stock for every potential customer.”

High consumer demand during the storm, combined with the storm’s size, which affected nearly half of the U.S. population, slowed transportation and distribution. Even the Port of Baltimore closed early, limiting the flow of goods to local stores.

Timing also played a role, Srinivasan said. Even if a truck delivers goods, employees may not have had time to stock the shelves, he explained adding that shoppers’ frustration is understandable.

In Maryland, it is illegal to raise prices by more than 15% during a declared state of emergency. That means a snow removal service normally costing $125 cannot jump to $200, and a $28 shovel shouldn’t cost triple that amount.

Ahead of the storm, Governor Wes Moore declared a state of emergency, which activated Maryland’s price gouging law. However, the order did not specify which items are considered essential.

Consumer advocates say that during a winter storm emergency, essential items typically include hardware supplies such as generators, propane, and oil. They also include utilities like electricity, heat, and gas, as well as food.

Had those supplies been listed, enforcement would fall to the Consumer Protection Division within the Office of the Attorney General, which handles more than 11,000 complaints a year. Karen Straughn, the Mediation Unit Director, said cases tied to price gouging are moved to the front of the queue.

“We take complaints in the order in which they’re received,” Straughn said. “But price gouging, because it is immediate, usually moves to the front.”

When the office receives a complaint, it sends a letter to the business and gives it two weeks to respond. If the business stops the practice, the issue is usually resolved. If not, the office can pursue restitution and other legal actions, Straughn explained.

“If they are not price gouging, they may give us an explanation, and we provide that to the consumer,” she added.

Srinivasan said shoppers generally do not need to worry about price gouging from large retailers. “Usually, large organizations don’t do it because it’s a PR issue and not worth the marginal extra profit,” he said.

In other words, it's a problem not worth digging out of.

But if you have concerns, Straughn said, call the attorney general’s office at 410-528-8662.

“We can’t necessarily tell you if someone is price gouging because we need more information than just a phone call," she said. "We can often identify scams by listening to your story. If you think it might be a scam, call us before taking any action, and we can help determine whether it’s likely a scam.”

The hotline is available Monday through Friday from 10 a.m. to 2 p.m.

Wambui Kamau is a General Assignment Reporter for WYPR. @WkThee
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