Houston Chronicle

State accuses 3 businesses of price gouging

- By Alejandra Matos alejandra.matos@chron.com

AUSTIN — Attorney General Ken Paxton filed lawsuits Tuesday against three businesses, accusing them of inflating prices on fuel or hotel rooms as Hurricane Harvey battered Texas.

The state alleges Robstown Enterprise­s Inc., doing business as Best Western Plus Tropic Inn, charged almost three times its normal room rate the weekend Harvey hit. The hotel is located about 20 miles inland from Corpus Christi. The average price for a queen or king room was $108 per night on the two weekends prior to Hurricane Harvey making landfall, according to the state’s complaint.

After a state disaster has been declared, as Gov. Greg Abbott did on Aug. 23, Texas law prohibits selling essentials such as fuel, food, medicine and other necessitie­s at an “exorbitant or excessive price.” It also applies to services like towing and lodging.

$290 for a room

On Aug. 26, the Best Western Plus Tropic Inn charged nearly $290 per night for a room. The state alleges that a guest questioned the charge and recorded a clerk who admitted that $290 was not the normal charge but said other guests were being charged the same rate. Another employee allegedly said the high rate was due to “the weather.”

A Best Western representa­tive said the company severed its relationsh­ip with Robstown Enterprise­s.

“Best Western was founded on the principles of honesty, integrity, compassion, and service. We were deeply offended and saddened by the actions of this hotel,” said spokeswoma­n Courtney McCurry. “This hotel’s actions are contrary to the values of Best Western. We did not and do not tolerate this type of egregious and unethical behavior.”

Robstown Enterprise­s did not respond to a request for comment.

The state also alleges that Bains Brothers, owners of a Texaco-branded gas station in the Dallas-Fort Worth area, and Encinal Fuel Stop, a Chevron-branded gas station outside of Laredo, charged an exorbitant amount for gas.

The Bains Brothers allegedly charged $6.99 a gallon for regular unleaded gas on Aug. 31 at two of its gas stations near Dallas. The state alleges that in some cases, the clerk refused to give receipts. One customer began fueling her car when she discovered that 12 gallons of gas cost her $85. After requesting a refund, the state alleges the clerk told her, “It is what it is.”

Encinal Fuel Stop allegedly charged $8.99 to $9.99 a gallon for gas.

Bains Brothers and Encinal Fuel Stop did not respond to a request for comment.

3,000 complaints

Paxton said his office will continue to aggressive­ly investigat­e and prosecute cases arising from Hurricane Harvey.

“It’s unconscion­able that any business would take advantage of Texans at their most vulnerable — those who are displaced from their homes, have limited resources, and are in desperate need of fuel, shelter and the basic necessitie­s of life,” Paxton said in a written statement.

The attorney general’s office has received over 3,000 Harvey-related price gouging complaints. Under the Texas Deceptive Trade Practices Act, price gouging can carry civil penalties of up to $20,000 per violation and up to $250,000 per violation for victims over 65 years old.

To report fraud or price gouging, call the Consumer Protection Hotline at 800621-0508, email consumerem­ergency@oag.texas.gov, or file a complaint at www. texasattor­neygeneral.gov/ cpd/file-a-consumer-complaint.

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