Price Gouging State Statutes

Fiscal

Key Takeaways

Unprecedented challenges due to COVID-19 are causing economic ripple effects nationwide.
Temporary suspension of occupational licensing laws in emergency situations is a common approach states take to help manage short-term crises.

Price gouging refers to when retailers and others take advantage of spikes in demand by charging exorbitant prices for necessities, often after a natural disaster or other state of emergency. Thirty-seven states, Guam, Puerto Rico, the U.S. Virgin Islands and the District of Columbia have statutes or regulations that defining price gouging during a time of disaster or emergency. In most states, price gouging is set as a violation of unfair or deceptive trade practices law. Most of these laws provide for civil penalties, as enforced by the state attorney general, while some state laws also enforce criminal penalties for price gouging violations.

Please note: The statutes and summaries should be used for general informational purposes and not as a legal reference. NCSL is unable to answer questions or provide guidance to citizens or businesses regarding price gouging laws and practices. If you have questions regarding price gouging or a retailer's practices, please contact your local law enforcement or the office of the attorney general.

Price Gouging State Statutes
State	Statutory Citation	Applies To
Alabama	Ala. Code §8-31-1 et seq.	States of emergency
Alaska	None
Arizona	None
Arkansas	Ark. Stat. Ann. §4-88-301 et seq.	Emergencies and natural disasters
California	Cal. Business & Professions Code §22449	Immigration consultants, attorneys, notaries public, and organizations accredited by the U.S. Board of Immigration Appeals
	Cal. Government Code §8588.8	Requirement to post on internet
	Cal. Penal Code §396	States of emergency or local emergencies
Colorado	Colo. Rev. Stat. §6-1-730	Disaster period
Connecticut	Conn. Gen. Stat. §29-319	Fuel emergency
Connecticut	Conn. Gen. Stat. §42-230 et seq.	Disaster, transportation or other emergency declaration
Delaware	Del. Code Ann. tit. 6, §2528 2020 Chapter 267
District of Columbia	D.C. Code Ann. §28-4101 et seq.	Natural disasters and public health emergencies
Florida	Fla. Stat. §501.160	States of emergency
Georgia	Ga. Code §10-1-393.4 Ga. Code §10-1-438	States of emergency
Guam	Guam Code Ann. tit. 5, §32201	Disasters
Hawaii	Hawaii Rev. Stat. §127A-30 Hawaii Rev. Stat. §480-2	States of emergency
Idaho	Idaho Code §48-603	Declared disaster or emergency
Illinois	Ill. Admin. Code tit.14, §465.10 et seq.	Petroleum products in market emergency
Indiana	Ind. Code §4-6-9.1-1 et seq.	Declared emergencies
Iowa	Iowa Admin. Code §61-31.1(714)	Disasters
Kansas	Kan. Stat. Ann. §50-6,106	Disasters
Kentucky	Ky. Rev. Stat. §367.372 et seq.	States of emergency
Louisiana	La. Rev. Stat. Ann. §29:724 La. Rev. Stat. Ann. §29:732	Abnormal economic disruption States of emergency
Maine	Me. Rev. Stat. Ann. tit. 10, §1105 Me. Rev. Stat. Ann. tit. 10, §1106	Abnormal market disruption Profiteering in rents
Maryland	None
Massachusetts	Code of Mass. Reg. tit. 940, §3.18	Petroleum products
Michigan	Mich. Comp. Laws §445.903	Charging the consumer a price that is grossly in excess of the price at which similar property or services are sold.
Minnesota	None
Mississippi	Miss. Code Ann. §75-24-25	States of emergency
Missouri	Mo. Admin. Code tit. 15, §60-8.030	Extreme temporary conditions or disaster
Montana	None
Nebraska	None
Nevada	None
New Hampshire	None
New Jersey	N.J. Rev. Stat. §56:8-107 et seq.	Emergencies and disasters
New Mexico	None
New York	N.Y. General Business Law §396-r	Abnormal disruption of the market
New York	N.Y. General Business Law §396-rr	Milk
North Carolina	N.C. Gen. Stat. §75-37 et seq.	States of disaster, states of emergency, or abnormal market disruptions
North Carolina	N.C. Gen. Stat. §166A-19.23
North Dakota	None
N. Mariana Islands	Not available
Ohio	Ohio Rev. Code Ann. §1345.03	(A) No supplier shall commit an unconscionable act or practice in connection with a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction. (B) In determining whether an act or practice is unconscionable, the following circumstances shall be taken into consideration: (2) Whether the supplier knew at the time the consumer transaction was entered into that the price was substantially in excess of the price at which similar property or services were readily obtainable in similar consumer transactions by like consumers.
Oklahoma	Okla. Stat. tit. 15, §777.1 et seq.	Emergencies
Oklahoma	Okla. Stat. tit. 62, §2203.1 et seq.	Disaster relief materials
Oregon	Or. Rev. Stat. §401.960 et seq.	Abnormal disruption of market
Pennsylvania	Pa. Stat. tit. 73, §232.1 et seq.	Disaster emergencies
Puerto Rico	P.R. Code Ann. tit. 23, §731 et seq. 2017 Public Law 114 2019 Public Law 52	Disasters
Rhode Island	R.I. Gen. Laws §6-13-21	State of emergency
	R.I. Gen. Laws. §11-36-12	Profiteering on tickets for common carriers
	R.I. Gen. Laws §39-12-13	Gasoline price emergency surcharge
	R.I. Gen. Laws §39-14-2.2	Gasoline price emergency surcharge for taxis
American Samoa	Not available
South Carolina	S.C. Code Ann. §16-7-10	State of emergency or disaster
South Carolina	S.C. Code Ann. §39-5-145	State of emergency
South Dakota	None
Tennessee	Tenn. Code Ann. §47-18-5101 et seq.	Abnormal economic disruption
Texas	Tex. Business & Commerce Code Ann. §17.46	Disasters
Texas	Tex. Business & Commerce Code Ann. §17.4625	Designated disaster period
Utah	Utah Code Ann. §13-41-101 et seq.	State of emergency
Vermont	Vt. Stat. Ann. tit. 9, §2461d	Petroleum and heating fuel products
Virginia	Va. Code §59.1-525 et seq. Va. Code §59.1-200	Disasters
U.S. Virgin Islands	V.I. Code Ann. tit. 23, §1005 V.I. Code Ann. tit. 23, §1017	Emergencies and major disasters
Washington	None
West Virginia	W. Va. Code §46A-6J-1 et seq.	Emergencies and natural disasters
Wisconsin	Wis. Stat. §100.305	Abnormal economic disruption
Wyoming	None

Heather Morton is a senior fellow in Fiscal Affairs. She covers financial services, alcohol production and sales, telecommunications and medical malpractice issues for NCSL.

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