The settlement, technically known as an Assurance of Voluntary Compliance, has been filed with the [image-nocss] Circuit Court for the City of Radford.
"This settlement will send a strong message that Virginia intends to enforce our Anti-Price Gouging Act," Mims said. "Those who would take advantage of Virginians by price gouging for gasoline or other necessities will not be tolerated."
In the complaint filed along with the assurance, the AG alleges that certain prices Bucko's Pantry charged for gasoline on the evening of Friday, Sept. 12, 2008, and the morning of Saturday, Sept. 13, 2008, were "unconscionable as grossly exceeding" the prices the station charged during the 10 days immediately before the declaration. Specifically, the complaint alleges that the following prices charged during these periods at three retail locations were "unconscionable": Bucko's Pantry No. 1, Radford, regular ($5.799), midgrade ($5.899) and premium ($5.999); Bucko's Pantry No. 2, Dublin, regular ($5.699), midgrade ($5.799) and premium ($5.899); and Bucko's Pantry Mo. 4, Radford, regular ($4.99), midgrade ($5.099) and premium ($5.199).
The complaint further alleged, as an example, that the regular gasoline price of $5.799 charged at Bucko's Pantry No. 1 represented a 61% increase over its September 8 price of $3.599.
The settlement enjoins Bucko's Pantry from engaging in any of the practices alleged to violate the Virginia Post-Disaster Anti-Price Gouging Act and the Virginia Consumer Protection Act, and requires Bucko's Pantry to set aside $400 for consumer restitution. This amount is based, in part, on sales transaction receipts Bucko's Pantry provided identifying the individual gasoline transaction and shift sales made September 12 and 13 at the prices deemed "unconscionable."
The settlement requires Bucko's Pantry to provide notice to its customers that they may be eligible for restitution by posting signs on its front door and on each individual gasoline pump. It also requires the company to identify credit and debit card customers who purchased gasoline at the prices and on the dates noted above and to credit a refund to their credit or debit cards for the appropriate amount of the overcharge.
The settlement further requires Bucko's Pantry to pay $2,800 to reimburse the Commonwealth of Virginia for its costs, investigative expenses and attorneys' fees in this matter. And the settlement requires Bucko's Pantry to make a contribution of $800 to the American Red Cross Disaster Relief Fund. This payment is in lieu of a payment of civil penalties.
Mims said that Bucko's Pantry cooperated with his office and with the Virginia Department of Agriculture & Consumer Services, and its Office of Product & Industry Standards, throughout the investigation of this matter.
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