Price Gouging Laws by State

Statute

• Charging "unconscionable" prices for commodities or rental facilities (25% or higher above usual prices)
• Look-back period of 30 days before a declared state of emergency
• Civil penalty of up to $1,000 per incident (up to $25,000 per 24-hour period) and potential loss of business licensure or certification

The Alabama Unconscionable Pricing Act: § 8-31-1, et seq.

Alaska has no direct law for price gouging in emergencies. Instead, you can file a consumer complaint through the Consumer Protection Unit of the Attorney General's Office.

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There is no specific law against price gouging in Arizona. The attorney general may evaluate consumer complaints of unfair trade practices.

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• Selling goods and services after a declared state of emergency for more than 10% higher
• Look-back period of immediately before the declaration
• Class A misdemeanor with up to a $2,500 fine and up to one year in jail per violation

The Arkansas Deceptive Trade Practices Act: § 4-88-301, et seq.

• Selling necessary supplies after a declared state of emergency for more than 10% over the usual cost
• Look-back period of immediately before the declaration
• Misdemeanor with up to one year in jail and up to a $10,000 fine
• Civil penalties of up to $2,500 per violation plus injunction and restitution for consumers

California Code PEN § 396

• Charging excessive prices for food, building materials, fuel, and other necessities during a declared disaster
• Look-back period of immediately before the declaration
• Civil penalties of up to $20,000 per violation (or up to $50,000 if the violation affected an elderly consumer) and restitution for consumers

Colorado Revised Statutes § 6-1-730 and § 6-1-112

• Selling products, energy resources, or services during a declared state of emergency for more than acceptable market prices (as determined by the state)
• Look-back period of immediately before the declaration or abnormal market disruption
• Penalties may be up to $99 or up to $1,000 and up to one year in jail per offense
• Repeat or intentional violations are charged as a class D felony

Connecticut General Statutes § 42-230, et seq.

Delaware does not have a permanent emergency price gouging law. The attorney general investigates consumer complaints of unfair price increases.

But Delaware passed a law specific to the coronavirus pandemic (Title 6 § 2528) prohibiting price hikes of 10% or more until the state of emergency ended in 2021.

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• Selling commodities, household essentials, fuel, etc. after a declared state of emergency for more than 10% above the price for similar products
• Look-back period of 90 days
• Civil infraction with up to $1,000 in fines and license or permit revocation or suspension (if applicable)

District of Columbia Code § 28-4101 to §28-4103

• Selling commodities, household essentials, rentals, fuel, etc. after a declared state of emergency at a price "grossly exceeding" average prices
• Look-back period of 30 days before the emergency
• 2nd-degree misdemeanor with a fine of up to $1000 and up to 60 days in jail for a first offense; up to $25,000 for multiple violations within a 24-hour period

Florida Statutes § 501.160

• During a declared state of emergency, selling items or services necessary to public safety (as determined by the governor) at a higher price
• Look-back period of immediately before the declaration
• Charged as a deceptive or unfair trade practice with a fine up to $2,000 or $5,000 per violation
• An additional civil penalty of up to $10,000 for each violation if "disaster-related"

The Fair Business Practices Act of 1975: § 10-1-393.4, et seq.; Georgia Code § 10-1-438

• "Any increase in the selling price of any commodity" after a state of emergency
• Landlords may not terminate tenancy for residential dwellings in an area subject to a severe weather warning or emergency declaration
• Look-back period of immediately before the declaration or weather event warning
• Civil penalty between $500 and $10,000 per violation

Hawaii Revised Statutes § 127A-30 and § 480-2

• Selling fuel, food, medication, or water at an "excessive" price (based on price increases rather than margin increases)
• Look-back period of immediately before the declared state of emergency
• Charged as an unfair trade practice subject to civil penalties of up to $5,000 per violation, recovery of actual damages to consumers, and possibly an order for specific performance

The Idaho Consumer Protection Act: § 48-603

• During a market disruption (including a potential petroleum shortage), offering petroleum products for a price at a "gross disparity" of the usual cost
• Look-back period of immediately before the disruption
• Charged as an unfair business practice subject to injunctive relief, restitution, and civil penalties of up to $50,000 per violation

815 ILCS 505/2; Illinois Administrative Code: 465.10, et seq.

• During a declared state of emergency and 24 hours before the declaration, charging a price that "grossly exceeds" the average price of fuel
• Look-back period of 7 days before the declaration
• The attorney general may seek injunctive relief, restitution for victims, and a civil penalty of up to $1,000 per violation

Indiana Code § 4-6-9.1-1, et seq.

• Charging an "excessive" or unjustified price for goods and services that disaster victims need
• Look-back period of immediately before the declaration
• Charged as an unfair business practice with up to $40,000 per violation (an additional $5,000 if victims were elderly), injunctive relief, and restitution

Iowa Code § 714.16; Iowa Administrative Code (IAC): 61-31.1 (714)

• Charging "in gross excess" (or at 25% higher) than the pre-disaster price for "necessary" goods or services
• Look-back period of one business day before the disaster
• Charged as an unconscionable business act or practice subject to penalties up to $10,000 per violation (an additional $10,000 if victims were elderly), injunctive relief, and restitution

The Kansas Consumer Protection Act: § 50-6,106

• Selling particular goods or services for a price "grossly in excess" (10% higher) of the usual price after a declared emergency
• Look-back period of immediately before the declaration
• Civil penalty of up to $5,000 for the first violation and up to $10,000 for each additional violation

Kentucky Revised Statutes § 367.372, et seq.

• Selling goods or services during a declared state of emergency at a "gross disparity" above the usual price range
• Look-back period of immediately before the declaration
• Subject to a fine of up to $500, up to six months in jail, and civil action
• Up to five years of hard labor for damage exceeding $5,000
• Up to 21 years of hard labor for violations resulting in death

Louisiana Revised Statutes § 29:732, et seq.

• Selling or offering for sale "necessities at an unconscionable price" (15% higher than usual or than similar products) when there is an abnormal market disruption
• Look-back period of immediately before the disruption
• Civil fine of up to $10,000
• Criminal penalties of up to $1,000 and up to three years in prison

Maine Revised Statutes Title 10 § 1105

• Offering essential goods or services at a price 15% higher than the highest-priced sale of those goods or services during the look-back period (between 60 days and four days before the emergency)
• Offering repair, reconstruction, or cleanup services at a price 15% higher than the usual price (look-back period of 30 days)
• Civil penalty up to $10,000 per violation or up to $25,000 per violation after repeat violations

Maryland Code § 14-1301

• Selling petroleum products at an "unconscionably high price" during a market emergency
• Selling "goods or services necessary for the health, safety or welfare of the public" at a "gross disparity" during a state or national emergency
• Civil penalty of $5,000 per violation

Code of Massachusetts Regulations (CMR): 940 CMR 3.18 (download available)

• Charging a price "grossly in excess" of the prices for comparable property or goods
• No specific look-back period because the law applies regardless of whether there is a declared emergency
• Civil penalty of up to $25,000 per violation

The Michigan Consumer Protection Act: § 445.903

• Selling essential consumer goods and services at an "unconscionably excessive price" (a 25% price increase or higher)
• Look-back period of 60 days
• Civil penalty up to $1,000 per sale (up to $25,000 total fines per day)

Minnesota Statutes § 325E.80

• Selling goods and services at above the usual prices during a declared state of emergency
• Look-back period of immediately before the declaration
• Civil penalty of up to $10,000 per violation plus legal costs
• Criminal penalties range from a misdemeanor (up to $1,000 in fines and six months in jail) to a felony (one to five years in prison and up to $5,000 in fines)

Mississippi Code § 75-24-25

• Charging within a disaster area an excessive price for any necessity (or what the seller has reason to believe will be provided to consumers within a disaster area)
• $1,000 civil penalty per violation, injunctive relief, and restitution
• May be charged as a Class D felony with between one and seven years in prison and up to a $10,000 fine

The Merchandising Practices Act: § 407.020; Missouri Code of State Regulations: 15 CSR 60-8.030

Though Montana has no specific price gouging law, consumers can file complaints to the Office of Consumer Protection for review.

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Nebraska has no specific price gouging law. But the attorney general may investigate consumer complaints under broader unfair trade practices laws.

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• During a declared emergency, selling, renting, or offering particular consumer goods or services at prices "grossly in excess" (more than 15, 10, or 5% higher depending on the usual value)
• Look-back period of 30 days
• Civil penalty up to $5,000 per violation (or up to $12,500 for violations against a minor, elderly person, or a person with a disability) plus damages to the consumer
• Misdemeanor upon the first offense, gross misdemeanor upon the second offense, and category D felony for subsequent offenses

Nevada Revised Statutes § 598.09235 and § 598.0999

New Hampshire doesn't have a specific price gouging law, but the attorney general investigates cases of unfair trade practices, which may include price gouging.

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• During a declared emergency, selling goods and services at a price that is at least 10% higher
• Look-back period of immediately before the declaration
• Civil penalty of up to $10,000 for the first violation and up to $20,000 for each subsequent violation

The New Jersey Consumer Fraud Act: 56 § 8-107, et seq.

New Mexico has no state law directly addressing price gouging during emergencies. But it's illegal under the Unfair Practices Act to take advantage of consumers to a grossly unfair degree, which may include price gouging.

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• Selling "goods and services vital and necessary for the health, safety, and welfare of consumers" at an "unconscionably excessive price" (as determined by the court) when there is an abnormal market disruption
• Look-back period of immediately before the emergency
• Up to $25,000 civil penalty per violation and restitution to consumers

New York General Business Law § 396-r

• Selling or renting goods and services "used to preserve, protect, or sustain life, health, safety..." at unreasonably excessive prices after an emergency declaration or abnormal market disruption
• Look-back period of 60 days before the emergency
• Civil penalty of up to $5,000 per violation

North Carolina General Statutes § 75-38

North Dakota doesn't have a direct price gouging law. But you can file a consumer complaint to the Consumer Protection and Antitrust Division. The attorney general may choose to investigate your report.

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Ohio has no specific law for price gouging during emergencies. In 2020, senators introduced Senate Bill 301 to advocate for a new price gouging law. Ohio Revised Code § 1345.03 prohibits "unconscionable acts or practices" in a consumer transaction. Interpretations of this law may apply to price gouging.

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• Selling, renting, or leasing goods, services, dwelling units, or storage space after the declaration of an emergency at a price increase of more than 10%
• Look-back period of immediately before the declaration
• Charged as a violation of the Oklahoma Consumer Protection Act, punishable by up to $10,000 per claim
• May also be charged as a misdemeanor (up to $1,000 fine and up to one year in jail) or felony (up to $5,000 fine and up to 10 years in prison)

The Emergency Price Stabilization Act: 15 OK St. §§ 777.1, et seq. (download title 15 and scroll to subsection 777.1)

• Selling essential consumer goods or services after the declaration of an emergency at a price of more than 15% higher
• Look-back period of immediately before the declaration
• Considered an unlawful trade practice, subject to injunctive relief and private civil action by individuals for damages

Oregon Revised Statutes § 401.960, et seq.

• Selling consumer goods or services in an area under a declared emergency at an "unconscionably excessive price" (at least 20% higher than the normal price range immediately prior to the declaration)
• Look-back period of seven days
• Civil penalty of up to $10,000 for each act in addition to injunctive relief and restitution

The Price Gouging Act: Title 73 § 232.1, et seq.

• "Speculative, unwarranted, and abnormal" price hikes
• In an emergency, "hoarding manipulation, speculation, and other disruptive practices"
• Violations are misdemeanors subject to a fine between $100 and $1,000 and jail time between five days and one year
• Repeat violations subject to a fine between $2,000 and $10,000 plus jail time between one month and two years

23 L.P.R.A. § 731 to 745

• Selling "essential commodities," such as heating fuel, motor fuels, food, water, ice, and lumber, after the declaration of an emergency at an "unconscionably high price"
• Look-back period of 30 days
• Civil penalty of up to $1,000 per violation up to a maximum of $25,000 per 24-hour period

Rhode Island Statutes § 6-13-21

• After an emergency is declared, renting or selling a commodity, such as fuel or services, at an unconscionable price
• After an emergency is declared, charging unconscionable prices for the rental or lease of a hotel room, storage unit, or dwelling
• Look-back period of 30 days
• Subject to civil penalties of up to $5,000 per violation (up to $15,000 per violation if an injunction has been issued) and may be a misdemeanor charge with a fine up to $1,000 and up to 30 days in jail

The South Carolina Unfair Trade Practice Act: § 39-5-145

South Dakota has no law against price gouging during emergencies. But you can file a complaint with the attorney general's office and consider private legal action.

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• Upon the declaration of a state emergency, charging "grossly excessive" prices for food, construction services, emergency supplies, or other vital goods or services
• Look-back period of immediately before the events that caused the emergency
• Subject to customer refunds and a civil penalty between $1,000 and $3,000 per violation

The Tennessee Price-Gouging Act of 2002: § 47-18-5101, et seq.

• After a declared emergency, "selling or leasing fuel, food, medicine... or another necessity at an exorbitant or excessive price"
• Look-back period of immediately before the state of emergency
• Subject to civil penalty of up to $20,000 per violation (up to $250,000 if the victim was over 65 yrs. old) and injunctive relief

The Deceptive Trade Practices Consumer Protection Act: § 17.4627

• After a declared emergency, charging an "excessive price" for consumer goods and services (10% higher than normal, or 30% higher for goods and services that were not provided immediately before the declaration)
• Look-back period of 30 days
• Punishable by the issuance of a cease and desist order and an administrative fine

The Price Controls During Emergencies Act: § 13-41-101, et seq.

• After a declared "market emergency," charging "unconscionably high" prices for petroleum or heating fuel-related products or services
• Look-back period of seven days
• Aggrieved parties have the private right of action under the Consumer Protection Act to sue the offending party

Vermont Statutes § 2461d

• During a time of disaster, selling, leasing, or licensing "any necessary goods and services at an unconscionable price"
• Look-back period of 10 days before the disaster or declaration
• Punishable by a civil penalty of up to $2,500 per violation (up to $5,000 if in violation of an injunction)

The Virginia Post-Disaster Anti-Price Gouging Act: § 59.1-525, et seq.

Washington has no price gouging statute. The attorney general has investigated consumer complaints of price gouging.

Senate Bill 6699 was introduced in 2021 to prohibit price gouging at the time of disaster, but legislators did not pass it.

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• After a declared state of emergency, selling consumer food items, medical supplies, heating oil, building supplies, etc. at more than 10% of the average cost
• Look-back period of immediately prior to the declaration
• Charged as a misdemeanor (up to $1,000 fine and/or up to one year in jail)

The West Virginia Consumer Credit and Protection Act: § 46A-6J-1, et seq.

• Selling, or offering to sell, in this state at wholesale or at retail, consumer goods or services at unreasonably excessive prices after an emergency declaration (15% higher than the average price)
• Look-back period of 60 days
• Civil penalty of up to $10,000 and a potential permanent injunction against the seller's actions

Wisconsin Statutes § 100.305; Wisconsin Administrative Code: ATCP 106.01, et seq.

Wyoming doesn't have a specific price gouging statute, but the attorney general filed civil actions for price hikes in 2021, citing unfair practices in the Wyoming Consumer Protection Act.

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