By Matthew Santoni

Law360 (July 9, 2020, 4:24 PM EDT) -- A Pittsburgh hardware store has agreed to pay refunds for protective masks it allegedly sold at an illegal markup as part of a settlement with the Pennsylvania Attorney General's Office over accusations of pandemic-related price-gouging, according to filings in state court.

Vogt True Value Hardware in Pittsburgh's South Side signed an assurance of voluntary compliance with Attorney General Josh Shapiro's office Wednesday, agreeing to issue refunds through the state to customers who bought KN95 masks from the store April 22 to 23, when it allegedly sold the masks at more than a 20% markup compared to their price prior to the state's emergency declaration for the COVID-19 pandemic.

"During the period of a state of disaster emergency, as declared on March 6, 2020, respondent sold or offered to sell KN95 masks for an unconscionably excessive price in violation of the price gouging law and the consumer protection law," the assurance said. "Respondent shall fully comply with any and all provisions of the price gouging law … and is permanently enjoined from any violation thereof."

Vogt allegedly overcharged customers by more than $1,000 over the course of just two days in April, and those customers will have until Sept. 6 to submit claims and receipts to the attorney general's office in order to collect their refunds, the agreement said.

The court agreed to suspend $1,800 in civil penalties unless Vogt fails to keep up its side of the bargain or is caught price-gouging again, the agreement said.

Pennsylvania's price-gouging law prohibits retailers from marking up their inventory by more than 20% during a state of emergency, compared to the price of their goods the week before the emergency declaration. One mask maker, 3M, noted in a warning about price-gouging on its website that its N95 masks should sell for 68 cents to $3.40 apiece.

The agreement with Vogt was one of several settlements the attorney general's office has recently reached with retailers over marking up the price of goods in high demand because of the pandemic, including masks, cleaning wipes and hand sanitizers.

On Tuesday, the attorney general's office announced it had signed a similar assurance of voluntary compliance with Paoli Pharmacy Inc. in Chester County, where the pharmacy allegedly sold approximately 100 masks for as much as $25 per mask. The pharmacy agreed to pay $5,300 in civil penalties to the state, along with nearly $2,000 in restitution through the attorney general's office.

Goods And More Inc., an Amazon.com third-party seller based in Scranton, Pennsylvania, signed an agreement June 29 to issue nearly $14,000 in refunds after it allegedly charged as much as $109 for 24-packs of 2-ounce bottles of hand sanitizer and up to $39 per 12-ounce bottle of Purell sanitizer, the attorney general's office said.

"We won't tolerate illegal price gouging during this emergency, and we're taking action every day to stop it — here in Pittsburgh and across Pennsylvania," Shapiro said in a statement Thursday. "You have a right in Pennsylvania to purchase life-saving goods at reasonable prices in times like these."

Representatives of Vogt Hardware did not immediately respond to requests for comment.

The Commonwealth of Pennsylvania is represented by Phillip E. Raymond of the Office of the Attorney General.

Counsel information for Vogt was not immediately available.

The case is Commonwealth of Pennsylvania v. Shawn Vogt, case number GD-20-007437, in the Court of Common Pleas of Allegheny County, Pa. 

--Editing by Abbie Sarfo.

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