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Kentucky can enforce price-gouging laws against Amazon sellers - 6th Circuit

1 Min Read Kentucky can seek to enforce its price-gouging laws against Amazon.com sellers it accused of seeking to profit illegally from the COVID-19 pandemic last year, a federal appeals court has ruled, lifting an injunction won by a group of online merchants. A unanimous 6th U.S. Circuit Court of Appeals panel ruled Thursday that Kentucky Attorney General Daniel Cameron’s enforcement action against the sellers did not run afoul of the U.S. Constitution’s so-called Dormant Commerce Clause, which generally bars states from regulating interstate commerce. The decision was a setback for the Online Merchants Guild, an e-retail industry group that had sought to block Cameron’s price-gouging investigation.

Kentucky Can Enforce Price-Gouging Law Against Online Retailers, Panel Rules

The Sixth Circuit found that despite third-party sellers having little control over prices on sites like Amazon, Kentucky can enforce its coronavirus-era price-gouging law against in-state companies. Amazon boxes are shown stacked near a Boeing 767 cargo plane in Seattle in 2016. (AP Photo/Ted S. Warren, File) CINCINNATI (CN) Kentucky Attorney General Daniel Cameron is allowed to enforce a price-gouging law activated during the Covid-19 pandemic against online retailers, a federal appeals panel ruled Thursday. The Online Merchants Guild sued Cameron after one of its members was investigated and subpoenaed by the commonwealth following accusations of price-gouging related to respirator masks and hand sanitizer.

Price Gouging Weekly Round Up - Consumer Protection

Kentucky AG Argues for Oversight of Third-Party Sellers on Amazon

Kentucky’s top lawyer told the Sixth Circuit the state’s price-gouging statutes regulating in-state commerce can be enforced against third-party sellers on Amazon. Packages pass through a scanner at an Amazon fulfillment center in Baltimore in 2017. (Photo/Patrick Semansky, File) CINCINNATI (CN) Kentucky Attorney General Daniel Cameron argued on Wednesday before an appeals court that laws to prevent price gouging are not only constitutional, but also necessary to protect his constituents from crooked online retailers, especially during the Covid-19 pandemic. The state’s arguments were part of its appeal of a lower court decision in favor of the Online Merchants Guild, which won a preliminary injunction after suing Cameron for violations of the dormant commerce and due process clauses.

State Attorney General Insider – Winter 2020-2021 | December 2020 | Issue No 3: Notable Cases | Cadwalader, Wickersham & Taft LLP

State Attorney General Insider – Winter 2020-2021 | December 2020 | Issue No 3: Notable Cases | Cadwalader, Wickersham & Taft LLP
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