Steven Cohen  |  April 16, 2020

Category: Covid-19

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Ohio's attorney general claims that N95 coronavirus mask products are being sold at prohibitively high prices.

The Attorney General of Ohio has filed a lawsuit against a company that has been purchasing large amounts of N95 coronavirus mask respirators and selling them on eBay for exorbitant prices.

Ohio Attorney General Dave Yost says that the defendants, who go by the username Donkey476, began listing the items for sale on eBay on March 28, 2020.

Yost maintains that Donkey476 has sold at least 15 packages of 10 N95 respirator coronavirus mask products at prices ranging from $360 to $375 for an average price of $36.34 per mask.

The attorney general states that the average retail price for N95 respirator masks range from $1.75 to $2.35 per mask for an average retail price per mask of $2.05.

Have you been charged an extremely high price for a coronavirus mask? Get legal help here.

Even though health care agencies and government organizations have pleaded with Donkey476 not to sell the masks at such high prices, the individual allegedly continues to hold the coronavirus mask products hostage and demands a price that’s 1,700 percent more than what’s normal.

The attorney general notes that the scarcity of N95 coronavirus masks across the country cannot be denied. He points to a March 30 United States Department of Health and Human Services Notice of Designation which identifies “N-95 Filtering Facepiece Respirators” as a scarce product, due to the coronavirus pandemic

Yost says that, despite the shortage, the defendant has selfishly accumulated a large amount of N95 coronavirus masks during the current public health crisis and has demanded that the public pay prices that are clearly excessive in light of the retail market for the same products.

“Defendants’ actions have had a pernicious effect on the market for N95 Masks, on Ohio consumers, and on Ohio’s healthcare systems and governmental entities that are struggling to acquire badly-needed supplies of PPE, including N95 Masks, at prices that do not cripple their budgets,” the coronavirus mask lawsuit states.

The attorney general also notes that Donkey476’s actions have denied reasonable access to N95 coronavirus mask products to Ohio’s first responders and healthcare workers by reducing the amount of masks available to the public.

The plaintiff says that the inability to purchase N95 coronavirus mask products at the retail price is putting real and immediate danger to healthcare personnel as well as first responders who, in some instances, are working without adequate protection. 

Coronavirus mask products are essential during this global pandemic.

In addition, the defendant’s act of selling N95 coronavirus masks at excessive prices during a national emergency has caused significant harm to consumers.

Yost maintains that the individual has also denied reasonable access to masks to Ohio residents with compromised or health issues that make them vulnerable to the coronavirus.

The attorney general goes on to say that there is a “critical” public need for the coronavirus masks and the defendant’s conduct of selling them at exorbitant prices must be brought to an end immediately.

The defendants’ acts of hoarding important forms of personal protective equipment (PPE) and listing them for sale at extremely high prices has caused serious harm to the public, pleads Yost. Unless they are enjoined from doing so, consumers will allegedly continue to suffer.

“Defendants’ acts of hoarding essential, potentially life-saving, scarce products during a public health crisis, and demanding excessive prices for those products clearly constitute restraints of trade with the kind of pernicious effects that violate Ohio’s antitrust law,” the coronavirus mask lawsuit goes on to say.

Yost claims that the defendant is in violation of the Valentine Act, because his actions constitute a direct threat to the public’s health, safety, and well-being. In addition, Yost says that the defendant’s actions are a violation of Ohio’s Consumer Sales Practices Act, which prohibits unfair, deceptive and unconscionable acts and practices by suppliers of goods.

Attorney General Yost is asking the court for a temporary restraining order which would stop the defendant from acquiring additional N95 coronavirus mask products in volumes that go beyond the defendant’s personal household need for a period of 30 days.

In addition, the plaintiff would like the court to tell the defendant not to sell or dispose of the masks that they are currently hoarding without prior approval of the court.

The attorney general is also asking the court for a permanent injunction which would require the defendant to forfeit all of the masks that are currently in their possession for the state to distribute to those who need them the most, especially healthcare workers and first responders.

The plaintiff is represented by Dave Yost, James C. Roberts, and David M. Dembinski of the Ohio Attorney General’s Office.

The N95 Masks Hoarding Lawsuit is State of Ohio v. Salwan, et al., Case No. Unknown, in the Court of Common Pleas for Franklin County, Ohio.

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16 thoughts onCoronavirus Mask Lawsuit Filed Over Price Gouging

  1. Tracy says:

    They buy all of this from China. China, which caused this mess, has significantly raised their prices. If you want to go to the source. Look at the man at the top . Biden said he’d stop all this and instead has gotten more in bed with them and is probably profiting on every one they sell to us instead of helping U S a manufacturers get started making them here!!!

  2. Angela Jackson says:

    Add me they are selling masks at a high price, and keeping them locked behind glass at some stores

  3. Melissa S says:

    add me

  4. Michael S says:

    add me please, I bought N95 masks that wound up being not N95. I bought ones with the port, that wound up not being N95 & later not recommended to use for COVID-19

  5. Lesline Colden says:

    Please add me. I purchased a 5 pack of N95 masks for $100 during the height of the NY Coronavirus pandemic. These people prey on customers fears.

  6. Kat says:

    I’ll do you one better,,,,$16.99 for one 19oz can of Lysol Spray at Cherry Valley Marketplace, 496 Hempstead Turnpike, West Hempstead, NY 11552. They were at the registers on October 24, 2020. Talk about PRICE GOUGING

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