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State2009 Statute Number 2009 Statute Language2010 Statute Number2010 Statute Language

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American Samoa§ 27.0703 Statement of applicable warranties-Penalty.

(a) Automobile dealers and retailers of major appliances worth over $150 at the time of sale must inform the consumer purchaser at the time of sale whether any warranties apply to the automobile or major appliance. If any warranty applies to such automobile or major appliance, the automobile dealer or retailer of major appliances must supply such warranty in writing to the consumer purchaser at the time of sale. If no warranty is applicable then that fact must be conspicuously displayed on the sales invoice.

(b) Any allowable conditions imposed upon a consumer purchaser in order to make a claim under an applicable warranty must be stated in a conspicuous manner on the same form on which the warranty is provided.

(c) The Director of the Bureau of Consumer Protection shall enforce this law in any court of appropriate jurisdiction by seeking civil penalties or injunctive relief and any additional relief for the complainant under chapter 04, Title 27.

(d) Civil penalties for violation of this section shall as follows:

(1) first offense, $50:

(2) second offense, $100;

(3) third or more offenses, not less than $350 nor more than $500 for each offense.

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§ 27.0704 Consumer remedies.

(a) No automobile dealer or retailer of major appliances covered under this chapter may refuse to accept the return of either defective goods or specially ordered goods which do not conform to the special order when such goods are covered by any warranty. An automobile dealer or retailer of major appliances may choose to repair or replace the goods free of costs for labor and material in lieu of refunding cash to the consumer purchaser, but only if such repairs or replacement can be achieved in a reasonably short period of time.

(b) If replacement or repair cannot be achieved in a reasonably short period of time then the consumer purchaser shall be entitled to a cash refund. In the case of defective goods, the cash refund shall equal the value the goods would have had at the time of the return if such goods had no such defect. In the case of special­ly ordered goods which do not conform to the special order, the cash refund shall equal the price, including freight, insurance and duties, paid by the consumer purchaser.

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§ 27.0902 Definitions.

(a) “State of emergency” means a natural or manmade disaster or emergency resulting from an earthquake, hurricane, flood, riot, fire, storm, tsunami, or civil disturbance as declared by the President of the United States or the Governor of American Samoa.

(b) “Consumer food item” means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal.

(c) “Repair or reconstruction services” means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster.

(d) “Emergency supplies” includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers.

(e) “Medical supplies” includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

(f) “Building materials” means lumber, construction tools, windows, and anything else used in the building or rebuilding of property.

(g) “Gasoline” means any fuel used to power a motor vehicle or power tool.

(h) “Housing” means any rental housing or dwelling units leased on a month-to-month term.

(i) “Gross disparity” means a significant difference in price currently charged prior to the declaration of state of emergency and the price being charged during the declaration period.

(j) “Unconscionable prices” means an increase in the price of commodities which is greater in amount when compared to the most recent consumer price index prepared by the American Samoa Government, Department of Commerce.

(k) “Competent authority” means the Governor of American Samoa, the President of the United States, or other individual otherwise by the law with the power to declare a state of emergency.



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§ 27.0903 Prohibited unfair pricing practices.

(a) Upon a declaration of a state of emergency, and for a period of thirty (30) days following that declaration, it is unlawful for any person, contractor, business, or other entity to sell, rent or offer to sell or rent any consumer food items or goods, emergency supplies, medical supplies, building materials, housing, gasoline, or any other goods or services necessary in an emergency response for a price of more than ten percent (10%) above the price charged by that person, contractor, business or other entity for those goods or services immediately prior to the declaration of a state of emergency. However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the supplier or additional costs of providing the goods or services during the state of emergency, the price represents no more than ten percent (10%) above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency.

(b) Prior to the occurrence and upon a declaration of a state of emergency, and for a period of one hundred eighty (180) days following that declaration, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell any repair or reconstruction services or any other services used in emergency cleanup for a price of more than ten percent (10%) above the price charged by that person, contractor, business or other entity for those goods or services immediately prior to the declaration of a state of emergency. However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the supplier or additional costs of providing the good or service during the state of emergency, the price represents no more that ten percent (10%) above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency.

(c) the amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit was rented, leased, sold or offered for rent or sale in the usual course of business during this period immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit, or national or international market trends.

(d) The provisions of this section may be extended for additional thirty (30) day periods by the Governor of American Samoa if deemed necessary to protect the lives, property, or welfare of the citizens.

(e) Any business offering an item for sale at a reduced price immediately prior to the declaration of a state of emergency may use the price at which they usually sell the item to calculate the price pursuant to subsection (a) or (b).