FOR IMMEDIATE RELEASE
GAS PRICES SHOULD BE ROLLED BACK BY ATTORNEY GENERAL WITH
AN INJUNCTION ACTION UNDER NEW YORK'S PRICE-GOUGING STATUTE
NEW YORK, NY, May 1, 2006 -- "The Democratic candidates for New York Attorney General are not qualified" for the office, announces Carl E. Person, a Green Party candidate for Attorney General.
One of the top election issues is the dramatic increase of gas prices during the past year, now in excess of $3.00 per gallon in most areas of New York, and increasing.
The Democratic candidates are debating each other this evening and are unaware of a tool available to a champion of the people to obtain a rollback and refund of excess gas prices under New York's "price gouging" statute, General Business Law Section 396-r.
"The reason Attorney General Spitzer does not use the statute seems clear", according to Person. "Spitzer wants support of the large oil companies for his Gubernatorial bid, or at least doesn't want them financing a Gubernatorial candidate from another party."
The Democratic candidates fail to mention they would take action against the oil companies for a rollback and refund if elected. "They either lack knowledge or have a conflict of interest," claims Person.
Person, a New York antitrust and civil rights lawyer, claims "If elected,
I will commence appropriate lawsuits in the New York Supreme Court against major
oil companies to roll back gas prices, obtain hundreds of millions of dollars
in refunds for New York residents, recover unconscionable profits, and seek
a splitting up recent mergers by the largest oil companies."
The New York General Business Law Section 396-r provides:
3. Whether a price is unconscionably excessive...
(a) ...shall be based on...: (i) that the amount of the excess in price is unconscionably extreme; or (ii) that there was an exercise of unfair leverage or unconscionable means....
4. ...[T]he attorney general may apply ... to the supreme court of the State of New York ... for an order enjoining or restraining ... continuance of the alleged unlawful acts. ... [T]he court shall impose a civil penalty in an amount not to exceed [$10,000] and, where appropriate, order restitution to aggrieved consumers.
SOURCE: Carl E. Person for New York Attorney General
Web Site: http://www.carlperson4NYAG.com
NY General Business Law Section 396-r at http://www.carlperson4nyag.com/campaign_issues/campaignIssues_gas_prices.htm
Downloadable photo of Carl Person at http://www.lawmall.com/carlpersonforNYattorneygeneral/images/carl_in_coattails.jpg
For further information, please contact Nick Person, 212-307-4444