As those of us in south Florida experienced firsthand, the rainfall and resulting flooding of April 12 was epic. According to weather reports, the 25.91 inches of rain measured at Fort Lauderdale International Airport was the most ever observed in Fort Lauderdale on a single day. Among other property damage, flooding and debris caused a temporary closure of the airport and schools and left hundreds of cars abandoned and many totaled. In the wake of the storm, Florida Gov. Ron DeSantis issued Executive Order 23-65, declaring a state of emergency in Broward County. In Florida, states of emergency activate various laws, among them are state price gouging laws, which are enforced by the Office of the Florida Attorney General (OAG).

Florida’s price gouging law, Florida Statute 501.160, makes it illegal to rent, sale, or lease essential commodities, dwellings, and storage units at an unconscionable price during a state of emergency. Under the statute, there are presumptive factors that the state uses to deem prices unconscionable, unless the increase is justified by rising costs or market trends. Price gouging investigations often begin after a consumer complains to the state about the price they were charged for a good or service. The subjects of a price gouging investigation can expect to hear from the government inviting a meeting about the government’s investigation. Investigations by the OAG concerning broader consumer protection, outside of the context of states of emergency, often take the same initial form. A consumer complains to the government or to the Better Business Bureau about the allegedly unfair practices of a business operating in Florida, leading to the government launching an investigation and contacting the company to seek compensation for alleged victims. This article provides five steps for responding to the OAG’s “knock at the door” of your company.

Step 1: Understand the Stakes