FILED CIT PPS

3/18/2021 12:24 PM
Mary Angie Garcia 2021CI05023
Bexar County District Clerk
Accepted By: Martha Medellin

CAUSE NO.

STATE OF TEXAS, § IN THE DISTRICT COURT OF

Plaintiff, §
§
Vo § BEXARCOUNTY, TEXAS
§
EVERYOUNG HOSPITALITY LLC §
D/B/A LA QUINTA SAN ANTONIO §
BROOKS CITY BASE §
Defendants. 408th JUDICIAL DISTRICT
§

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION

FOR PERMANENT INJUNCTION

TO THE HONORABLE DISTRICT JUDGE:

COMES NOW, Plaintiff, the State of Texas, acting by and through its Attorney General,

KEN PAXTON and complains of Defendant EVERYOUNG HOSPITALITY LLC, d/b/a/ LA

QUINTA SAN ANTONIO BROOKS CITY BASE ("La Quinta BCB'). Plaintiff alleges that.

following the Texas Governor's declaration on February 12, 2021. of a statewide disaster from

the severe winter storm forecast, Defendant engaged in unlawful price gouging by demanding

and/or charging an exorbitant or excessive price for lodging to individuals seeking shelter from

the storm and its aftermath, in violation of the Texas Deceptive Trade Practices -

Consumer

Protection Act ("DTPA") Texas Business and Commerce Code, sections 17.41 17.63.
-

While more than four million Texans, including 300,000 Bexar County residents,

suffered without power and heat during the coldest days in Bexar County in over half a century,

La Quinta BCB took advantage of this severe winter disaster by leasing its hotel rooms at

exorbitant or excessive prices (some at approximately three times its normal rates). In fact, a

father of three brought his family, including their 101-year-old grandmother, to the hotel and

paid $74.00 for a room the first night. When he questioned the sharp increase to $199.00 a night,
the La Quinta BCB threatened to check them out. telling them that there were others who would
gladly pay that amount.

DISCOVERY

1. Discovery in this case should be conducted under Level 2 pursuant to Texas Rule of Civil

Procedure 190.3.

2. This case is not subject to the restrictions of expedited discovery under Texas Rule of

Civil Procedure 169 because the relief sought by the State includes non-monetary injunctive

relief.

3. In addition to the claim for non-monetary injunctive relief, the State seeks monetary relief

of $250,000.00 or less. including civil penalties, attorney's fees and costs.

DEFENDANT

4. Defendant EVERYOUNG HOSPITALITY LLC is a Texas corporation doing business in

Texas as "La Quinta San Antonio Brooks City Base." It may be served with process by serving

its Registered Agent: Xiang Yang, 3180 Goliad Road, San Antonio, Texas 78223. SERVICE

OF PROCESS IS HEREB Y REQ UESTED.

JURISDICTION AND VENUE

5. This enforcement action is brought by the Attorney General of Texas, Ken Paxton.

through his Consumer Protection Division in the name of the State of Texas and in the public

interest, pursuant to the authority granted to him by Section 17.47 of the DTPA on the grounds

that Defendant has engaged in false, misleading and deceptive acts and practices in the course of

trade and commerce, as defined in, and declared unlawful in, section 17.46. The DTPA grants

authority to the Attorney General to seek injunctive relief, civil penalties and redress for

consumers for violations of its provisions. Tex. Bus. & Corn Code Ann. § 17.47. In addition,

State of Texas v. Everyoung HosT)itality LLC d'b,'a La Quinta

PlaintifFs Original Petition and Application tbr Permanent Injunction Page 2 of 1 l
the State may seek reasonable attorney's fees and court costs for prosecuting this action, as

authorized by Texas Government Code § 402.006(c).

6. This Court has jurisdiction over this action pursuant to section 17.47(b) of the DTPA and

venue lies in Bexar County, Texas because the violations alleged occurred in Bexar County,

Texas. See Tex. Civ. Prac. & Rein. Code § 15.002. In addition, Defendant is doing business in

Bexar County, Texas. See Tex. Bus. & Com. Code § 17.47(b).

PUBLIC INTEREST

7. Plaintiff, the STATE OF TEXAS, has reason to believe that Defendant is engaging in, has

engaged in, or is about to engage in, the unlawful acts or practices set tbrth below: that

Defendant has caused injury, loss and damage to the State of Texas, and has caused adverse

effects to the lawful conduct of trade and commerce, thereby directly or indirectly affecting the

people of this State. Therefore, the Consumer Protection Division of the Office of the Attorney

General of the State of Texas believes, and is of the opinion, that these proceedings are in the

public interest.

TRADE AND COMMERCE

8. Defendant has, at all times described below, engaged in conduct which constitutes

"trade" and "commerce," as those terms are defined by section 17.45(6) of the DTPA.

ACTS OF AGENTS

9. Whenever in this petition, the State of Texas alleges that a Defendant did any acL the

State means that one of Defendant's officers, agents or employees performed or participated in

the act on behalf o£ and under the authority of, Defendant.

APPLICABLE LAW

10. The DTPA prohibits "false, misleading, or deceptive acts or practices in the conduct of

any trade or commerce ....

"
DTPA § 17.46 (a).

State of Texas v. Evel>'oung ltospitality LLC d'b 'a La Quinta

PlaintiWs Original petition and Application for Permanent Injunction Page 3 of I l
11. The DTPA also prohibits taking advantage of a disaster declared by the governor under

Chapter 418 of the Texas Government Code by offering, demanding, selling and/or leasing fuel.

food, medicine, or other necessity at an exorbitant or excessive price. See DTPA §§

17.46(b)(27)(A) and (B).

12. Section 418.014 of the Texas Government Code provides:

(a) The governor by executive order or proclamation may declare a state of disaster if
the governor finds a disaster has occurred or that the occurrence or threat of disaster is
imminent.
(b) Except as provided by Subsection (c), the state of disaster continues until the
governor:
(1) finds that:
(A) the threat or danger has passed: or
(B) the disaster has been dealt with to the extent that emergency
conditions no longer exist; and
(2) terminates the state of disaster by executive order.
(c) A state of disaster may not continue tbr more than 30 days unless renewed by the
governor ....

EXHIBITS

13. Plaintiff relies on the following exhibits in support of its petition and applications for

Temporary Injunction and Permanent Injunction.

Exhibit A: The February 12, 2021 Proclamation by Governor Greg Abbott declaring a
statewide disaster because of the severe winter storm.
Exhibit B: Affidavit of Javier Juarez, an investigator with the Office of the Attorney
General of Texas' Consumer Protection Division, providing details on his investigation
into when the severe winter storm hit San Antonio, how the storm affected events at the
San Antonio Rodeo, and how it affected power outages, and water issues in San Antonio.
Exhibit C: Affidavit of Consumer D. Oldfield concerning his reservation of a hotel room
at Defendant's establishment/'or his wife, Sharon Oldfield.
Exhibit D: Affidavit of Consumer S. Oldfield concerning her attempt on February 18.
2021 to continue her reservation and stay in the room she was in at Defendant's
establishment.
Exhibit E: Affidavit of Consumer Anderson, concerning his family's experience at
Defendant's hotel and the recording of his conversation with hotel management about the
increase of room prices during the aftermath of the 2021 severe winter storm.

State of Texas v. Everyoung Hospitality LLC dJb/a La Quinta

PlaintifFs Original Petition and Application for Permanent Injunction Page 4 of 11
 Exhibit F: Transcript of recording between Consumer Anderson and hotel management
on the reason for the price increase during the aftermath of the 2021 severe winter storm.
Exhibit G: Affidavit of Consumer Mark Beck concerning his family's experience at
Defendant's hotel and the increase of room prices during the aftermath of the 2021 severe
winter storm.
Exhibit H: Affidavit of Consumer Irene Martinez, concerning her family's experience at
Defendant's hotel and the increase of room prices during the aftermath of the 2021 severe
winter storm.
Exhibit I: Affidavit of Consumer Diana Martinez, concerning her family's experience at
Defendant's hotel and the increase of room prices during the aftermath of the 202l severe
winter storm.
FACTUAL ALLEGATIONS

14. On February 12, 2021, and pursuant to Texas Government Code section 481.014, the

Texas Governor declared a state of disaster as a result of the severe winter storm for the entire

State of Texas. See Exhibit A (Governor's Declaration).

15. As a result of the severe winter storm, there were numerous power outages rendering

homes without heat. See Exhibit B. Power outages also led to lowered water pressure, so homes

had no water. Exhibit B. The storm also brought freezing temperatures for several days, id__•.

which lead to pipes freezing, leaving people without water in their homes. To escape these

conditions, consumers re-located to hotel and motels that had running water and heat.

16. The San Antonio rodeo was scheduled to run from between February 12, 2021 until

February 28, 202l. Exhibit B. However, because of the storm, events scheduled between

February 14, 2021 and February 19, 2021 were re-scheduled. Id__. Thus, any scarcity of rooms

during this period could not be attributed to the rodeo.

17. During the February 2021 severe winter disaster, Defendant took advantage of the

situation by engaging in price-gouging by demanding and/or charging evacuees exorbitant and/or

excessive prices for lodging. These prices were well in excess of Defendant's typical price for

accommodations and resulted in consumers being placed in dire circumstances.

State of Texas v. EveJyoung hrospitality LLC d/b a La Quinta

Plaintift•s Original Petition and Application for Permanent Injunction Page 5 of I 1
18. A consumer and his wife who have been regular customers at the La Quinta BCB for

over three years, normally pay $65.00 a night with a veteran's discount and belbre taxes and

fees. See Exhibit C. However, during the worst of the winter storm, when his wife attempted to

extend her stay, the hotel demanded $189.00 • a night for that same room. See Exhibits C and D.

When the consumer asked why the rate had gone tip so much. the hotel employee freely admitted

that it was because people were without heat and water and were looking for a warm place to

stay, thus the hotel was almost full. Exhibit D.

19. Another consumer who lived in San Antonio sought out the hotel because it was close by.

He and wile had three daughters and his 101-year-old grandmother living with them. See

Exhibit E. To keep them safe and warm when their heat and water went out. he looked on-line

and found that La Quinta BCB was offering rooms at $74.00 a night. Id_=. He and his wife

booked two rooms for their family members and checked-in on February 15.2021. ld_=. Because

they did not know when the heat and water would be back on. they discussed with the staff that

they may need to extend their stay on a day-by-day basis. Id_=. The staff was fine with that.

asking them to inform the front desk the evening before and come to the front desk before noon

to have their keys re-programmed. Id__=. Each evening the consumer listened to the news to see

when power would be re-stored, to learn the forecast for the next day and to otherwise stay

abreast of what was happening with the winter storm, ld_=. The evening of the 15th, after

listening to the forecast, they called to inform the front desk they would stay another night. Id__=.

The next morning, they went to the front desk and were again charged the $74.00 a night rate for

each room on February 16, 2021. ld__=. On the second evening, they again called to let the front

desk that they were staying another day. Id__=. The front desk staff reminded thern to come and re-

program their keys before noon the next day. Id__=. When they went to the front desk on February

I
This price included a veteran's discount.
State qf Texas v. Everyoung Hospitality LLC d b•a La Quinla
PlaintiWs Original Petition and Application for Permanent Injunction Page 6 of I 1
17th, to pay and have their keys re-programmed, La Quinta BCB informed them that the charge

for each room was $199.00 a night, ld___•. The consumers asked why. and the La Quinta BCB staff

informed him that because of supply and demand, there was a huge demand for rooms and if

they did not want the rooms someone else would pay $199.00 a night for each one. Id___:. The

consumer who had watched a program on price-gouging began to record the conversation, ld__=.

20. A transcript of the recording confirms what was said. See Exhibit F. In particular, the

hotel clerk confirms:

Everybody paying $199. You pay $80 just because you booked earlier. Right now
I am fully booked. There's a long waiting list. Everybody is coming. Everybody is
being [charged] 199.
Consumer A: Okay. We have no power at our house.

Consumer A: I have a 101-year-old grandma here.

See id. Later the hotel clerk, noticing she was being recorded but which the consumer had not

attempted to hide, stated:

Hotel Clerk: No, l--sorry, l'm going to check you out.

Consumer B: No, please don't check us out.
Consumer A: We don't have nowhere--
Hotel Clerk: No, why--
Consumer A: to go.
Hotel Clerk: --why you record me? What's -

Consumer A: Because m'am, you are

Hotel Clerk: No.
Consumer A: --gouging me.
Hotel Clerk: No, no, I 'm not -

Consumer A: --in a crisis

Hotel Clerk: --feeling safe with you. I have a hotel policy. I'm not feeling safe
with you anymore.
Consumer A: How is this not safe? I'm just--
Hotel Clerk: No-
Consumer A: --recording our--
Hotel Clerk: --no-
Consumer A: --conversation.

Hotel Clerk: Turn it off:

Stale of Texas v. Eveiyoung Itospitalily LLC d/b'a La Quinta

PlaintifFs Original Petition and Application for Permanent Injunction Page 7 of I 1
 Consumer A: Okay, I'll turn it off, but ....

Exhibit. F, p. 6-7.

21. Another consumer, who lived in San Antonio and was also without heat, found a room

on-line at La Quinta BCB. Exhibit G. He called to confirm the room, and the staffat La Quinta

BCB told him that the rate was $129.00, he booked the room, and a few minutes later La Quinta

staff called back to tell him the rate was now $199.00 a night. Ida. Because of the weather and

the fact that other hotels were sold out, he agreed to pay the $199.00 a night. Id___:.

22. Another San Antonio consumer who had also lost power sought out La Quinta BCB

because she could drive to the hotel which was nearby, and she needed to keep her two

grandsons warm and safe. Exhibit H. The La Quinta BCB stafftold her that the rate was $89.00

a night but when she arrived at the hotel, La Quinta charged her $128.84 a night for the first

night. Id__:. Further, when she needed to extend her stay, La Quinta BCB charged her $199.00 a

night tbr the same room. See Exhibits H and 1. The hotel explained that the rate was that high

because the hotel was full. Exhibit. I.

23. La Quinta BCB staff told a number of consumers that the hotel was "fully booked" and

that the reason for the price increase was because they were full or almost Full. However, La

Quinta BCB was never even 90% occupied during its busiest night in February 2021 but used

this misrepresentation to induce consumers to pay the higher rate.

DTPA VIOLATIONS

24. Plaintiff incorporates Paragraphs 1 through 23, as if fully set forth herein.

25. Defendant has engaged in false, misleading, or deceptive acts or practices in the conduct

of trade or commerce, in violation of DTPA § 17.46(a).

State of Texas v. Eve#;voung Hospitality LLC db, ct La Quinta

Plaintiffs Original Petition and Application for Permanent Injunction Page 8 of 11
26. Defendant represented that its goods or services have sponsorship, approval.

characteristics, ingredients, uses, benefits, or quantities which they did not have. 7n violation of

DTPA § 17.46(b)(5).

27. Defendant has engaged in false, misleading, or deceptive acts or practices in the conduct

of trade or commerce, in violation of DTPA sections 17.46(b)(27)(A) and (B), which prohibit

taking advantage of a disaster by offering, demanding, selling and/or leasing fuel, food,

medicine, or other necessity at an exorbitant or excessive price.

INJURY TO CONSUMERS

28. Defendant has, by means of these unlawful acts and practices, obtained money or

property from consumers who are entitled to restitution, or in the alternative, have caused actual

damages to identifiable persons who are entitled to compensation.

APPLICATION FOR AND PERMANENT INJUNCTION

29. Because Defendant has engaged in the unlawful acts and practices described above.

Defendant has violated the law as alleged in this petition. Unless restrained by this Honorable

Court, Defendant could continue to violate the laws of the State of Texas and cause injury to the

general public during a disaster. The State of Texas requests that, as authorized by section

17.47(a) of the DTPA, the Court issue a Permanent Injunction, and ORDER that Defendant. its

officers, agents, servants, employees, attorneys and any other persons in active concert or

participation with it, who receive actual notice of the order by personal service or otherwise, be

restrained from engaging in the following acts or practices:

A. Taking advantage of a disaster declared by the Governor under Chapter 418 of the

Government Code by offering accommodations or other necessities at an exorbitant or

excessive price.

State oJTexas v. Evewoung Hoapitalitv LLC ct'b a La Quinta

Plaintiff's Original Petition and Application for Permanent Injunction Page 9 of 11
 B. Taking advantage of a disaster declared by the Governor under Chapter 418 of the

Government Code by demanding an exorbitant or excessive price in connection with the

sale of accommodations or lodging.

C. Altering, destroying or mutilating records to be kept pursuant to Paragraph

12.1(F) for a three-year period after the event, provided the matter is not in litigation. If

the matter is in litigation, records shall not be altered, destroyed or mutilated until the

expiration of three years from the date of entry of a final judgment, not subject to further

appeal.

D. Representing, directly or by implication, that this Court or the Office of the

Attorney General has approved any good or service sold or offered for sale by Defendant

or approved of any of Defendant's business practices.

E. Representing that the hotel is full or at 100% occupancy when it is not.

PRAYER

30. WHEREFORE, PREMISES CONSIDERED, the State prays that a PERMANENT

INJUNCTION be issued, restraining and enjoining Defendant, its officers, agents, servants.

employees and attorneys and any other person in active concert or participation with it. as set

forth above.

31. Plaintiff further requests that this Court award money damages and restitution of monies

paid by consumers.

32. Plaintiff further requests that Defendant be ordered to pay to the State of Texas:

A. Civil penalties of up to $10,000.00 per violation of the DTPA;

B. Civil penalties of up to $250•000.00 per violation of the DTPA, when the act or

practice that acquired or deprived money or other property from consumers who were 65

years of age or older when the act or practice occurred;

State of Texas v Everyoung tlospitality LLC d'b ct La Quinta

plaintift's Original Petition and Application for Permanent Injunction Page 10ofll
 !2. Pre-judgment and post-judgment interest on all awards of restitution, damages, or

civil penalties, as provided by law; and

D. All costs of Court, costs of investigation, and reasonable attorney's tees pursuant

to Texas Government Code section 402.006(c).

E. Decree that all of Defendants' fines, penalties or forfeitures are not dischargeable

in bankruptcy. See 11 U.S.C. Section 523(a)(7),

33. Plaintiff prays for all further relief, at law or inequity, to which it is justly entitled.

Respectfully submitted,

KEN PAXTON
Attorney General of Texas

BRENT WEBSTER
First Assistant Attorney General

GRANT DORFMAN
Deputy First Assistant Attorney General

SHAWN COWLES
Deputy Attorney General for Civil Litigation

JENNIFER S. JACKSON
Division Chief, Consumer Protection Division

/s/Gloria Salinas
GLORIA SAL1NAS
Assistant Attorney General
State Bar No. 17534300
Office of the Attorney General
Consumer Protection Division
P.O. Box 12548
Austin, Texas 787! 1-2548
(512) 463-0286
(512) 473-8301 (facsimile)
[email protected]
ATTORNEYS FOR TIlE STATE

State of Texas v. Evelyoung Hospitality LLC ct,'b,a La Quinta

Plaintiffs Original Petition and Application for Permanent Injunction Page 11 ofll
 CAUSE NO.

STATE OF TEXAS, § IN THE DISTRICT COURT OF

Plaintiff, §
§
V° § BEXAR COUNTY, TEXAS
§
EVERYOUNG HOSPITALITY LLC §
D/B/A LA QUINTA SAN ANTONIO §
BROOKS CITY BASE §
Defendants. § JUDICIAL DISTRICT

EXHIBITS FOR PETITION

Exhibit No. Title Description and/or date

Governor Proclamation of Disaster
A Issued February 12, 2021
for all Texas Counties
Affidavit of Javier Juarez, investigator Dated March 5. 2021
B
with Texas OAG-CPD

C Affidavit of Consumer D. Oldfield Dated March 10, 2021

D Affidavit of Consumer S. Oldfield Dated March 10, 2021

E Affidavit of Consumer Anderson Dated March 5,2021

Transcript of Anderson and La Quinta Dated March 2, 2021

F
staff conversation

G Affidavit of Consumer Mark Beck Dated March 16,2021

H Affidavit of Consumer Irene Martinez Dated March 12.2021

Affidavit of Consumer Diana Martinez Dated March 12, 2021

 PROCLAMATION
BY THE

TO ALL TO WHOM THESE PRESENTS SHALL COME:

I, GREG ABBOTT, Governor of the State of Texas, do hereby certil}' that severe winter
weather poses an imminent threat of widespread and severe properly damage, injury, and
loss of life due to prolonged freezing temperatures, heax;y snow, and freezing rain
statewide.

THEREFORE, in accordance with the authority vested in me by Section 418.014 of the

Texas Government Code, ! do hereby declare a state of disaster in all 254 counties based
on the existence of such threat.

Pursuant to Section 418.017 of the code, I authorize the use of all available resources of
state government and of political subdivisions that are reasonably necessa•T to cope with
this disaster.

Pursuant to Section 418.016 of the code, ,any regulator), statute prescribing the procedures
for conduct of state business or any order or rule of a state agency that would in any way
prevent, hinder, or delay necessary action in coping with this disaster shall be suspended
upon written approval of the Office of the Governor. However, to the extent that the
enforcement of any state statute or administrative rule regarding contracting or
procurement would impede any state agency's emergency response that is necessary to
protect life or property threatened by this declared disaster, 1 hereby authorize the
suspension of such statutes and rules for the duration of this declared disaster.

In accordance with the statutory requirements, copies of this proclamation shall be filed
with the applicable authorities.

IN TESTIMONY WHEREOF, I have

hereunto signed my name and have
ol55cially caused the Seal of Stal• to be
affixed at my office in the City of
Austin, Texas, this the 12 m day of
February, 2021.

GREG ABBOTT
Governor

FILED/N THE OFF Cir. ©F •.

s•C}•TA,• o•:o•c•°c•
STAT•
......
•,.TZ.•A•
FEB I 2 292•
Governor Greg Abbott Proclamadon
February 12, 2021 Page 2

ATTESTED BY:

R. HUGHS
Secretary, of State %HE
m • '
E O•F•{;iL OF

3_
•E•2 z•t•
 AFFIFDAVIT OF JAVIER JUAREZ• INVESTIGATOR

STATE OF TEXAS §
§
TRAVIS COUNTY

Belbre me, the undersigned authority, on this day personally appeared .lavier Juarez, who
is known to me. After I administered an oath to him, upon his oath, he said:

1. "'My name is Javier Juarez. I am capable of making this affidavit. The facts stated in this
affidavit are within my personal knowledge and are true and correct.

2. I am employed as an Investigator with the Office of the Texas Attorney General. Consumer
Protection Division. As an investigator in this division, I interview witnesses and consumers.
perform background and databases searches, review documents and different recordings, and
research necessary information. The actions described in the fbllowing paragraphs are carried out
in the normal course of lny .job duties

3. On or about March 3.2021, I was asked to research the dales in which the severe winter
storm hit San Antonio, Texas and whether events at the San Antonio Rodeo which started bel'ore
the store1 had been held during the week of the storm.

4. I learned that the San Antonio Rodeo started on February 12, 2021. and that the Rodeo
events were re-scheduled beginning FebruaU 14, and that no Rodeo cvents were held from that
date until FebruaD: 20, 2021.

5. I also learned that the storm was expected to reach San Antonio the evening of February
14 and early the morning of February l 5,202 l, with snow and ice being expected. And in fact.
temperatures reached 13 degrees on February 14 and 3 to 6 inches of snow fell on the morning of
February t 5,202l. The severe cold temperatures continued until February 19, 2021 and that San
Antonio spent 107.5 hours under freezing temperatures.

6. I further learned that San Antonio residents began facing power outages on February t5.
2021. and water pressure issues on February 16, 2021. An average of 200,000 San Antonio
residents had power outages from February 15 until February 19.2021. Boil water requirements
were imposed until Februa W 23, 2021.

AI:I.H)AVIT Ol- JAVIER JUAREZ

Page 1 ot"2
 //"

SUBSCRIBED AND SWORN to before me on this _.•_• day of i•!;r •' 2021.

NOTARY PUBLIC

l/'•J Not,• ID #12928•12_5

Notary wRhout Bond

AFI:I{)A V/T O!" JAVIER .I( iA R EZ

Page 2 of 2
STATE OF TEXAS I

YOUNG COUNTY ?

AFFIDAVIT OF DONALD OLDFIELD

Before me, the undersigned authority, on this day, personally appeared DONALD OLDFIELD
who proved himself to be the person whose name is subscribed hereon through his government issued
card which contained his photograph and signature, and having been by me duly sworn upon his oath,
deposes and slates as follows:

t, My name is DONALD OLDFIELD. I am over the age of eighteen years, am an adult living in
Texas, and am fully competent to testify. I have personal knowledge of the facts set out in this
affidavit. The facts are true and correct to the best of my knowledge and recollection.
2. On February 7, 2021, I went online to reserve a room at the La Quinta at 3018 Goliad, San Antonio,
Texas for my wife. I reserved four nights at the nightly rate of $65.34, which includes a military
discount and later extended the stay to seven nights. Attached to my affidavit is a true and correct
copy of the reservation confirmation, setting out the rate.

° My wife and I have regularly traveled to San Antonio every, two or three months for the last 3-4
years on family business and always stay at this hotel. Overall, I estimate that either she or I or
both of use have stayed at this hotel thirty times during this period and the nightly rate we paid has
always been consistent with the rate of $65 or so.

DONALD OLDFIELD

SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, by DONALD

OLDFIELD on the //•-]-h day of "•"•x. ,202!.

N(
You're All Set Reservation Confirmation #89210EC023011

From, La Quinta byWyndham (taquinta@emailsowyndhamhotet&com)

To:
Date: Sunday, Feb•an] 7, 2021, 03:57 PM CST

.... LAQ,•5, I N TA, Donald Ol•etd

GOLD Me•ber.I

@
Your Reservation Is Confirmed, Donaidt

La Quanta ••• by Wy•di•m S•m Antc,•i•'• Brook• .... •y B•e

3180 Goliad Road, San Antonio, TX US (2104 337.7171

Co•irma•ion Number, 89•t0EC023(•11

:i i ....

Hc4e[ De{aiL.< C•a co/ Modi{y i ]•, re•t}D ¢:,•:,

Rese•ation Details
1 Room(s) 1 4 N•ght(s)
! Kii•g Bed, Non-Smoking

Number of Guests
2 Adult(s) ! 0 Ch•td(r•n)

Check4n Checkou•
3:00 p.m. 12:00 p.m,

Room Descdption Rate O•a•s

Free h•gh•speed WiFi, fr• breakfasL Military Ra•e $261.36 USD
mini-fridge, microwave, AC. $47,80 usD
Taxes & Fees
bathtubtsh0wer, coffee maker, hair dryer,
cable "t'V, batbtoen'• am•,n•t•a•, al•,•
Total for S•y $308.96 UeD
docL desL cdbs available, foam #illows,
iroe, ptl!ow*top mattress no•-•moNing

Exhibit C Attachment
STATE OF TEXAS !

YOUNG COUNTY !

AFFIDAVIT OF SHARON OLDFIELD

Before me, the undersigned authority, on this day, personally appeared SHARON OLDFIELD
who proved herself to be the person whose name is subscribed hereon through her government issued card
which contained her photograph and signature, and having been by me duly sworn upon her oath, deposes
and states as follows:
, My name is SHARON OLDFIELD. I am over the age of eighteen years, am an adult living in
Texas, and am fully competent to testify, l have personal knowledge of the facts set out in this
affidavit. The facts are true and correct to the best of my knowledge and recollection.
2. My husband, Donald Oldfield made a reservation for me at the La Quinta at 30!8 Goliad, San
Antonio, Texas for seven nights, arriving February 11, 2021 and departing on February 18, 2021.
With his military discount at this hotel, we paid the nightly rate of $65.34,
3. My husband and I have regularly traveled to San Aaltonio every two or three months for the last
3-4 years on family business and always stay at this hotel and I do not recall the nightly rate ever
being over $75.00.

4. On February !8, 2021, because of the weather, I went to the front desk to extend my reservation
for 4 days. The front desk manager said I could continue to stay in the room, but I would need to
pay the rate of $189.00 a night. When I asked why the rate had gone up so much, they told me
that they were almost full because everyone was trying to get away from the cold and had no heat
or water at their homes.

SUBSCRIBED AND NWORN TO BEFORE ME, the undersigned authority, by SHARON

OLDFIELD on the 10"• dayof •---- , 2021.
__
STATE OF TEXAS A

BEXAR COUNTY f

AFFIDAVIT OF RANDY ANDERSON

Before me, the undersigned authority, on this day, personally appeared RANDY ANDERSON
who proved himself to be the person whose name is subscribed hereon through his government issued
card which contained his photograph and signature, and having been by me duly sworn upon his oath,
deposes and states as follows:

l, My name is RANDY ANDERSON. 1 am over the age of eighteen years, am an adult living in
Texas, and am fully competent to testify. I have personal knowledge of the facts set out in this
affidavit. The facts are true and correct to the best of my knowledge and recollection.
o On February 15, 2021, 1 went online to find hotel rooms near my home. The heat in our house
had gone out and my wife and I have three daughters, aged 7, 10 and 12 and my grandmother who
is 101 living with us. We wanted to make sure they stayed safe and warm.

3. 1 found that the La Quinta at 3018 Goliad, San Antonio, Texas had rooms at a rate of $74.00 a
night. We called to see if they had power and rooms available. The}' told us they did and
confirmed the rate. We asked for two rooms.
4. When we checked in, we told the hotel staff that we did not know how long we would be there
because of the power and heat being out at our house. The staff said that was fine. and to let them
know the night before if we intended to stay the next day. They also asked that we bring our room
keys down in the morning to be re-programmed.

5. The evening of February 15, 2021, after listening to the news and weather forecast, we called and
told them we wanted to stay the next night. The morning of February 16. 202 i, we went down,
had our room keys re-programmed and paid for that night. The room rate was the same $74 per
-

room. The evening of February 16. 2021. alter listening to the news and weather forecast, we
called again and told the staffthat we wanted to stay the next night. They said fine and reminded
us to bring the room keys to be re-programmed.
6. The evening newscast of February 16,2021 had included warnings to consumers on price gouging
so that was on our minds. The morning of February 17, 2021, we took our room keys down to be
re-programmed and to pay for that night. However, the front desk told us we had already been
checked out and that if we wanted to stay the room rate was $199 a night per room. We asked
why, and the general manager told us that it was because of supply and demand, there was a huge
demand and a small supply of rooms and if we did not want our rooms, someone else would take
them for the $199 a night.
7. Because of the recent newscast on price-gouging, 1 began to record the conversation, which I have
provided to the Office of the Attorney General.
8. The general manager asked us to stop recording and threatened to check us out of the hotel. We
pleaded with her not to do so because we had nowhere else to go and had a 101 year old
grandmother as well as our daughters. 1 stopped recording so she would let us stay.

9. We ended up staying the nights of February 17, 18, and 19, checking out February 20, 2021. We
paid $74.00, plus tax a night per room for February 15 and 16 and ended up paying $199.00 plus
tax a night per room for February 17, 18, and 19. Attached are receipts which show the amounts
paid February 15,2021 and the amounts paid on February 17,2021.
(•'• DocuSigned by:

--
M.._ 4785593FFAIC445

RANDY ANDERSON

THE STATE OF TEXAS §

§
COUNTY OF ROCKWALL §

BEFORE ME, Zoann L. Willis, a Notary Public in and for the State of Texas, on this day personally
appeared by means of an interactive two-way audio and video communication. RANDY ANDERSON,
proved to me by his driver's license to be the person who executed the foregoing document, and being by
me first duly sworn, declared that the statements therein contained are true and correct and acknowledged
to me that he has read and understands the document, that he is fully authorized to execute same, and that
he does so for the purposes and consideration therein expressed.
DocuSigned by:

3/5/2021 ]3:58 PM CST

Date Randy Anderson

SUBSCRIBED AND SWORN to before me by means of an interactive two-way audio and video
communication on 3/5/2021 I 4:0x PM CST by RANDY ANDERSON. This notarial act
,

was an online notarization.

Notary Seal Digital Certificate

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DocuSigned by:

v•67F256D371A7445
EXHIBIT E ATTACHMENT
Transcript of the Testimony of
Audio Recording

Date:
March 02, 2021

Case:
RE WINTERDIS 21
 Audio Recording March 02, 2021

3 IN RE: WINTERDIS 21

7 TRANSCRIPTION OF AUDIO RECORDING

9 CONVERSATION BETWEEN HOTEL CLERK AND CONSUMERS A & B

i0

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-697-3408
 Audio Recording March 02, 2021
Page

1 HOTEL CLERK: ... I have a 99-years-old

2 grandma - -

3 CONSUMER A: Okay, ma'am --

4 HOTEL CLERK: --
that's waiting for her --

5 CONSUMER A: --
but look --

6 CONSUMER B: And she has --

7 CONSUMER A: You told us --

8 CONSUMER B: --
no power?
9 CONSUMER A: --
$83. You told us $83 a

I0 night when we got here. We told you yesterday we wanted

II the room.

12 HOTEL CLERK: Even though you're telling

13 me - -

14 CONSUMER A: Today you're taking us --

15 HOTEL CLERK: No, that's --

16 CONSUMER A: --
from --

17 HOTEL CLERK: --
(indiscernible) --

18 CONSUMER A: --
83 to $199.

19 HOTEL CLERK: It's your choice. It's

2o your --
I'm so sorry. Everybody is --

21 CONSUMER A: For

22 HOTEL CLERK: --
using the same --

23 CONSUMER A: For the two rooms combined.

24 HOTEL CLERK: It doesn't matter what's the

25 rate before. It's like the airlines when the seat is

Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-697-3408
 Audio Recording March 02, 2021
Page 3

1 booked, you know, the rate will be higher.

2 CONSUMER A: Okay.
3 HOTEL CLERK: This is (indiscernible) --

4 CONSUMER B: So it goes from 80 to 200

5 now?

6 CONSUMER A: It goes from $80 a night for

7 one room to $200 --

8 HOTEL CLERK: You did have

9 CONSUMER A: --
a night for one room?
I0 HOTEL CLERK: --
have two rooms. I give

ii you a senior discount for both of them.

12 CONSUMER A: What about a military

13 HOTEL CLERK: One --

14 CONSUMER A: --
discount? You never --

15 HOTEL CLERK: It's the only --

16 CONSUMER A: --
gave her her military
17 discount.
18 HOTEL CLERK: No, the military discount

19 already given to you. And I'm --

2O CONSUMER A: No, it's not. No, it's not.

21 CONSUMER B: You didn't --

22 CONSUMER A: I'll bring you the receipts.

23 No, you didn't.

24 CONSUMER B: You've got the receipt. You

25 never gave it to us.

Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-697-3408
 Audio Recording March 02, 2021
Page 4

1 CONSUMER A: You --

you never gave it to

2 US.

3 HOTEL CLERK: So tonight --

you already
4 have a good rate, so we are taking good care of you,
5 okay? Everybody paying 199. You pay $80 just because
6 you book earlier. Right now I'm fully booked. There's

7 a long waiting list. Everybody is coming. Everybody is

8 being 199.
9 CONSUMER A: Okay. We have no power at

I0 our house.
Ii HOTEL CLERK: I give you --

12 CONSUMER B: No one does.

13 CONSUMER A: I have a 101-year-old grandma

14 here.

15 HOTEL CLERK: So (indiscernible) --

16 CONSUMER B: And the water --

17 CONSUMER A: And you're going to

18 CONSUMER B: --
the pipe is busted.

19 CONSUMER A: --
you're going to cost us --

2O HOTEL CLERK: Everybody have these same

21 situation --

22 (Indiscernible background voices.)

23 HOTEL CLERK: --
sir, okay? If you do it,

24 I'll go to 179. He's paying 199. You have two rooms.

25 You have a senior, so I'll give you 179.

Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-697-3408
 Audio Recording March 02, 202
Page

I CONSUMER A: We went (indiscernible)

2 (Indiscernible background voices.)

3 HOTEL CLERK: That's the best that I can
4 do for you, to be fair for the others, as well.
5 CONSUMER A: Two rooms?

6 HOTEL CLERK: Two --

7 (Indiscernible background voices.)

8 HOTEL CLERK: Each room is $179 for
9 tonight.
i0 (Indiscernible background voices.
ii HOTEL CLERK: So that's the best I can do,

12 okay? So they are paying 199. You're paying 179.

13 CONSUMER B: How are we going to afford

14 that?

15 CONSUMER A: Okay. And what about our

16 military discounts?
17 HOTEL CLERK: It is already have a

18 military discount --

19 CONSUMER A: No, no, no, no --

2O HOTEL CLERK: --
over there.
21 CONSUMER A: --
no. I want this on here.

22 No, I got an attorney.

23 CONSUMER B: Yeah (indiscernible).

24 CONSUMER A: Okay. So --

25 HOTEL CLERK: I'm sorry --

Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-69"7-3408
 Audio Recording March 02, 2021
Page 6

1 CONSUMER A: --
I'm (indiscernible) --

2 HOTEL CLERK: No, I --

sorry, I'm going to
3 check you out.
4 CONSUMER B: No, please don't check us
5 out .

6 CONSUMER A: We don't have nowhere --

7 HOTEL CLERK: No, why --

8 CONSUMER A: --
to go.
9 HOTEL CLERK: --
why you record me?

i0 What' s --

Ii CONSUMER A: Because, ma'am, you're --

12 HOTEL CLERK: No.

13 CONSUMER A: --
gouging me --

14 HOTEL CLERK: No, no, I'm not --

15 CONSUMER A: --
in a crisis.

16 HOTEL CLERK: --
feeling safe with you. I

17 have a hotel policy. I'm not feeling safe with you

18 anymore.
19 CONSUMER A: How is this not safe? I'm

20 just --

21 HOTEL CLERK: O --

22 CONSUMER A: --
recording our --

23 HOTEL CLERK: no --

24 CONSUMER A: --
conversation.
25 HOTEL CLERK: --
no, I'm not feeling safe

Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-697-3408
 Audio Recording March 02, 202
Page

1 with you anymore.

2 CONSUMER A: Why did you have to pick the
3 phone up?
4 CONSUMER B: You said you were doing that,
5 and she knew what I was doing, so you're (indiscernible)
6

7 HOTEL CLERK: (indiscernible) check out

8 (indiscernible) --

9 CONSUMER B: No, no, no.

I0 CONSUMER A: What --
at 12:00 p.m.
Ii HOTEL CLERK: No --

12 CONSUMER B: We have three little girls.

13 CONSUMER A: We have till 12:00. We paid.

14 You're going to --

15 HOTEL CLERK: No, I'm not feeling

16 comfortable.
17 CONSUMER A: --
kick us out in --

18 HOTEL CLERK: Turn it off.

19 CONSUMER A: Okay. I'll turn it off,

2o but...
21 (End of recording.)

22

23

24

25

Kim Tindall and Associates, LLC 16416 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-697-3408
 Audio Recording March 02, 2021
Page 8

1 COUNTY OF BEXAR

2 STATE OF TEXAS

4 I, Tammy Pozzi, Certified Shorthand Reporter,

5 certify that the foregoing is a correct transcription,

6 to the best of my ability, from the audio recording of

7 the conversation provided herein.

8 I further certify that I am neither counsel for,

9 related to, nor employed by any of the parties to the

i0 action in which this recording was taken, and further

ii that I am not financially or otherwise interested im the

12 outcome of the action.

13 I further certify that the transcription fee of

14 $ was paid/will be paid in full by

15

16 Certified to by me on this day of

17

18

19

2o Tammy Pozzi, CSR, TCRR

Texas CSR 5629
21 Expiration: 10/31/21
Kim Tindall & Associates, LLC
22 Firm No. 631
16414 San Pedro, Suite 900
23 San Antonio, Texas 78232
(210) 697-3400
24

25

Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232
210-697-3400 210-697-3408
STATE OF TEXAS )
)
BEXAR COUNTY )

AFFIDAVIT OF MARK BECK

Before me, the undersigned authority, on this day, personally appeared MARK BECK who proved
himself to be the person whose name is subscribed hereon through his govermnent issued card which
contained his photograph and signature, and having been by me duly sworn upon his oath. deposes and

states as follows:

I. My name is MARK BECK. I am over the age of eighteen years, am an adult living in Texas,
and am fully competent to testify. I have personal knowledge of the facts set out in this affidavit.
The lhcts arc truc and colrect to the best of my knowledge and recollection.

2• I live in San Antonio, Texas and had lost power and water at my rcsidence. On February 16, 2021, I went

online to try and find a hotel room close by because of the cold and the lack of water, t •bund a room at

the I,a Quinta at 3018 Go liad, San Antonio, 't'cxas for $129.00 a night.

3. I immediately called and booked the room *br three nights. A few minutes later, the [ •a Quinta staffcalled

mc back and told me the room rate was now $199.00.

4. Bccausc of the cold, and the lack of heat in my house, and because I was aft'aid I could not find another

hotel room, I agreed to pay that amount.

MARK BECK

SUBSCRIBE D AND SWORN TO BEFORE ME, the undersigned authority, by MARK BECK
'•
¯

on the • LC'_ day of _•._•_f•. }_•. ..........................................

,2021.

NDTARY PUBLIC /j)

STATE OF TEXAS )
)
BEXAR COUNTY )

AFFIDAVIT OF IRENE MARTINEZ

Before me, the undersigned authority, on this day personally appeared by means of an interactive
two-way audio and video communication, IRENE MARTINEZ, who proved herself to be the person
whose name is subscribed hereon through her governrnent issued card which contained her photograph
and signature, and having been by me duly sworn upon her oath, deposes and states as follows:
, My name is IRENE MARTINEZ. I arn over the age of eighteen years, am an adult living in
Texas, and am fully competent to testify. I have personal knowledge of the facts set out in this
affidavit. The facts are true and correct to the best of my knowledge and recollection.
2. We lost power and heat at my home during the February 2021 freeze. | have two grandsons living
with me and needed to keep them safe and warm.
3. On February 15, 2021, l called the La Quinta at 3018 Goliad, San Antonio, Texas because it was
close by and 1 could drive to it safely. They had rooms available and I reserved one for that night
after they told me that the charge was $89.00 a night. However, when I got to the hotel, they
charged me $128.84 for the first night.
4. When I went down to extend our stay, the hotel charged us $199.00 for the night of February 16,
2021. My grandchildren and I needed to stay another night, and my brother and his wife
volunteered to pay for our hotel room the night of the 17th.
5. 1 checked out the morning of February 18. 2021.
DocuSigned by:

3/12/202114:21 PM CST

Date IRENE MARTINEZ

THE STATE OF TEXAS §

§
COUNTY OF ROCKWALL §

SUBSCRIBED AND SWORN to before me by means of an interactive two-way audio and video
communication on 3/z2/2021 I 4:23 PM CST by IRENE MARTINEZ. This notarial act
.

was an online notarization.

Notary Seal Digital Certificate

Ill ....
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t Z•,';:;;'°';•;;'% ZOANNLWILLIS

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Notary ID
] 811165-1
•'*-:•&•,•,>" Mv Commission Expires w/o bond b• k
• 67F256D371A74 5"" •t)•.•
STATE OF TEXAS )
)
BEXAR COUNTY )

AFFIDAVIT OF DIANA MARTINEZ

Before me, the undersigned authority, on this day personally appeared by means of an interactive
two-way audio and video communication, DIANA MARTINEZ, who proved herself to be the person
whose name is subscribed hereon through her government issued card which contained her photograph
and signature, and having been by me duly sworn upon her oath, deposes and states as follows:
° My name is DIANA MARTINEZ. I am over the age of eighteen years, am an adult living in
Texas, and am fully competent to testify. I have personal knowledge of the facts set out in this
affidavit. The facts are true and correct to the best of my knowledge and recollection,
° My sister-in-law, Irene Martinez, lost power and heat at her home during the February 2021 freeze
and she went to stay at the La Quinta on Goliad Street in San Antonio, with her two young
grandsons.
° Because of the cost of the hotel room. $199 a night, rny husband and I offered to help her pay for
one of the nights she stayed there.
° On February 17, 2021, 1 talked to my sister-in-law on her cellphone and she had me talk to the
hotel staff so I could give them our credit card information to pay for the room. I asked the staff
if the $199 was the normal price for a Wednesday night stay, the reply was "no but the hotel is
full."
3/12/2021 I 3:54 PM CST (7-- EBC020,SDD,305442

Date DIANA MARTINEZ

THE STATE OF TEXAS §

§
COUNTY OF ROCKWALL §

SUBSCRIBED AND SWORN to before me by means of an interactive two-way audio and video
communication on 3/12/2021 1 3:56 PM CST by DIANA MARTINEZ. This notarial act .

was an online notarization.

Notary Seal Digital Certificate

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5/28/2023
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DocuSigned by:

67 F 256D 371A7445