Price Gouging Laws by State (2026)
Which states ban price gouging during emergencies and how each law works.
| State | Price gouging |
|---|---|
| Alabama | When the Governor (or the Legislature) declares a state of emergency, it is unlawful to charge unconscionable prices for the sale or rental of any commodity, rental facility or service in the affected area. A price 25 percent or more above the average price in the area during the 30 days before the emergency is prima facie evidence of an unconscionable price, unless the increase is due to reasonable costs. Courts may impose a civil penalty of up to $1,000 per violation, up to $25,000 in a 24-hour period, and may bar willful, repeat violators from doing business in Alabama. Ala. Code §§ 8-31-3, 8-31-4, 8-31-5 |
| Arkansas | After a state of emergency or local emergency is declared for a disaster (and for 30 days afterward), or during a declared "red" homeland security alert, it is unlawful to sell food, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, or gasoline for more than 10% above the seller's price immediately before the emergency. For 180 days after a declared emergency, contractors may not charge more than 10% above their pre-emergency price for repair, reconstruction or cleanup services. Larger increases are allowed only if directly due to higher supplier, labor or material costs, and then only up to 10% over cost plus the seller's usual markup. Ark. Code Ann. § 4-88-303 |
| California | For 30 days after a state of emergency or local emergency is declared, it is unlawful to sell or offer consumer food, emergency and medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, gasoline and certain other goods and services for more than 10 percent above the price charged immediately before the emergency, unless the increase is directly due to higher costs from suppliers or for labor or materials. The rule applies to sales in person, in stores or online. Contractors may not raise prices for repair, reconstruction or emergency cleanup services by more than 10 percent for 180 days after the declaration. Emergency periods can be extended. Cal. Penal Code § 396 |
| Colorado | During a disaster period (from a Governor's disaster emergency or presidential national emergency declaration until 180 days after the final declaration expires) and within the designated area, charging a price so excessive as to amount to price gouging for building materials, food, emergency supplies, fuel, medical supplies or other necessities, or for repair, reconstruction, transportation, storage or cleanup services, is an unfair and unconscionable practice. A price is not unreasonably excessive if the seller proves it is directly due to higher supplier or other direct costs caused by the disaster. Only the Attorney General or a district attorney can enforce this section. C.R.S. § 6-1-730 |
| Connecticut | No one may raise the retail price of any item in an area covered by a Governor's disaster emergency or transportation emergency declaration, or a presidential major disaster or emergency declaration, until the emergency is declared over; normal business price fluctuations are allowed. During a Governor-declared supply emergency, designated products and services may not be sold above the seller's pre-emergency price unless the increase reflects the seller's added costs. Separate rules bar unconscionably excessive prices for gasoline and other energy resources during an abnormal market disruption. Violations are unfair trade practices under CUTPA. Conn. Gen. Stat. §§ 42-230, 42-232, 42-234 |
| District of Columbia | During a natural-disaster emergency declared by the Mayor (for up to 30 days) or a declared public emergency, it is unlawful to charge more than your normal retail price for any goods or services. Higher prices are allowed only if directly due to added costs from suppliers or for labor or materials. D.C. Code § 28-4102 |
| Florida | When the Governor declares a state of emergency, it is unlawful to rent or sell, or offer, essential commodities (supplies, services, provisions or equipment needed because of the emergency) or dwelling units or self-storage facilities at an unconscionable price in the emergency area. A price is prima facie unconscionable if it is a gross disparity from, or grossly exceeds, the average price in the 30 days before the declaration, unless the increase is due to added costs or regional, national or international market trends. The ban lasts up to 60 days under the initial declaration and can be extended by executive order. Fla. Stat. § 501.160 |
| Georgia | During a state of emergency declared by the Governor, price increases on goods and services the Governor designates as necessary to preserve life, health, safety or property are allowed only if they reflect an increase in the cost of new stock or transportation plus the seller's average markup during the ten days before the declaration. The Consumer Protection Division investigates price gouging, and violators can be fined $2,000 to $15,000 per violation. Georgia Attorney General, Price Gouging |
| Hawaii | When the Governor declares a state of emergency, a mayor declares a local emergency, or an area is under a severe weather warning, any increase in the selling price of any commodity (retail or wholesale) in that area is prohibited; the proclamation may limit this to particular commodities. Documented added operating expenses caused by the emergency may be passed on. The same law limits evictions of residential tenants in the affected area during the emergency. Haw. Rev. Stat. § 127A-30 |
| Idaho | During a disaster or emergency declared by the Governor or the President, it is an unfair practice to take advantage of the emergency by selling fuel, food, pharmaceuticals or drinking water to consumers at an exorbitant or excessive increased price, in the declared area and for the duration of the declaration. Courts consider prices before and after, the seller's added costs, and the length of the emergency. The statute states that no private right of action exists for this violation. Idaho Code § 48-603(19) |
| Indiana | Indiana's price-gouging law covers fuel. During a declared emergency (and the 24 hours before the Governor's declaration), it is price gouging to charge a consumer an unconscionable amount for fuel, meaning a price that grossly exceeds the average price in the retailer's trade area during the 7 days before the declaration and is not due to the retailer's costs (such as replacement, tax and transportation costs). The Attorney General investigates price gouging complaints. Ind. Code §§ 4-6-9.1-1 to 4-6-9.1-3 |
| Iowa | The Attorney General explains that Iowa's price gouging rule may prohibit excessive price increases on essential goods and services during a declared disaster, evaluated based on timing, necessity and reasonableness. The office has a dedicated price-gouging complaint form. Iowa Attorney General, File a Consumer Complaint (Price Gouging) |
| Kansas | It is an unconscionable act under the Consumer Protection Act for a supplier to profiteer from a disaster by unjustifiably raising the price of necessary property or services (such as food, emergency and medical supplies, home heating fuel, building materials and services, housing, lodging, transportation and motor fuel) during a time of disaster. A price more than 25% above the supplier's price on the business day before the disaster, or more than 25% above prices readily available in the trade area, is prima facie evidence of gross excess, unless the increase reflects the supplier's added costs. A "time of disaster" is while a presidential or gubernatorial emergency declaration is in effect, or 30 days after the event, whichever is longer. K.S.A. 50-6,106 |
| Kentucky | When the Governor declares a state of emergency (or certain federal emergencies are declared), the Governor may put the price gouging law into effect by executive order for 15 days in the emergency area, and may extend it for up to three more 15-day periods. During that time, no one may sell, rent or offer consumer food, emergency cleanup goods or services, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, gasoline and other motor fuels, direct care staff services, or repair or reconstruction services at a price grossly in excess of the pre-emergency price and unrelated to increased costs. A price is not a violation if it is related to added costs, is 10% or less above the pre-emergency price, is 10% or less above the seller's costs plus normal markup, follows market or seasonal fluctuations, or was set by a contract made before the order. A willful violation carries a civil penalty of up to $5,000 for the first violation and up to $10,000 for each later violation, with a total of no more than $25,000 in any 24-hour period. KRS 367.374, 367.378 |
| Louisiana | During a state of emergency declared by the governor or a parish president, prices for goods and services sold in the emergency area may not exceed the prices ordinarily charged for comparable goods and services in the same market area at or just before the emergency, unless the increase is due to commodity or regional or national market fluctuations, or to reasonable expenses and business risk of procuring or selling during the emergency. The rule lasts for an initial period of no more than 30 days and is renewed only by specific reference in a later proclamation by the governor. It expressly covers gasoline and diesel fuel, each sale or offer is a separate offense, and local governments may adopt ordinances to implement it. The section does not create a private right to sue. La. R.S. 29:732 |
| Maine | When the Governor, after consulting the Attorney General, declares an abnormal market disruption (a significant disruption caused by a natural or human-made emergency or disaster), no one may sell or offer necessities at an unconscionable price while the declaration is in effect. Necessities include food, potable water, medications, clothing and shoes, building materials, gas and electricity, ice, fuel of all kinds and other vital goods or services. A price is presumed unconscionable if it is more than 15% above the sum of the seller's pre-disruption price and its increased costs. The declaration expires when the Governor says so or after 60 days, whichever is sooner. A violation is a civil violation prosecuted as an unfair trade practice, but the private lawsuit section of the Unfair Trade Practices Act does not apply. 10 M.R.S. § 1105 |
| Maryland | During a state of emergency declared by the Governor, in the area covered by the declaration, no one may sell or offer goods or services the Governor designates as essential at a price 15% or more above the highest price the seller charged between 60 days and 4 days before the emergency. During the emergency and for 90 days after it ends, repair or reconstruction services for emergency cleanup may not be priced 15% or more above the seller's average price in the 30 days before the emergency. A larger increase is allowed if the seller can prove it is directly attributable to added supplier costs (including replacement costs), added labor or material costs, or normal seasonal pricing over the past 3 years. Violations are unfair, abusive or deceptive trade practices enforced under the Consumer Protection Act (but not its criminal penalties), and the Attorney General must give at least 20 days' notice before filing an action. Md. Code, Public Safety §§ 14-1301, 14-1302, 14-1303 |
| Massachusetts | Attorney General regulations make it an unfair or deceptive practice (1) for a petroleum-related business to sell petroleum products at an unconscionably high price during a market emergency, and (2) during a declared statewide or national emergency, for any business in the chain of distribution to sell goods or services necessary for public health, safety or welfare to consumers at an unconscionably high price. A price is unconscionably high if it is grossly higher than the business's pre-emergency price or the price available from others, and the difference is not substantially due to higher supplier costs or abnormal market disruption costs. 940 CMR 3.18 |
| Michigan | Michigan has no separate emergency price-gouging statute in the sections reviewed, but the Consumer Protection Act lists as an unfair practice charging a consumer a price that is grossly in excess of the price at which similar property or services are sold. This rule is not limited to emergencies. Mich. Comp. Laws § 445.903(1)(z) |
| Minnesota | When the governor declares an abnormal market disruption tied to a state of emergency, sellers may not charge unconscionably excessive prices for essential goods and services such as food, water, fuel, shelter, construction materials, health care and medical and cleaning supplies. A price is unconscionably excessive if it is a gross disparity from the seller's average price in the 60 days before the declaration; prices no more than 25% above that average, or substantially related to cost increases, are not. The declaration ends 30 days after the emergency ends unless the governor sets an earlier date. Separate rules limit contractors' labor pricing after severe thunderstorms. Violations carry civil penalties of up to $1,000 per sale, up to $25,000 per day, enforced by the Attorney General; there is no private right to sue under this section. Minn. Stat. § 325E.80 |
| Mississippi | When a state or local emergency is declared, prices for goods and services sold in the emergency area may not exceed the prices ordinarily charged for comparable goods or services in the same market area at or immediately before the declaration. Sellers may add necessary costs incurred in obtaining goods during the emergency. A knowing and willful violation totaling $500 or more in a 24-hour period is a felony (1 to 5 years and/or a fine up to $5,000); under $500 is a misdemeanor (fine up to $1,000 and/or up to 6 months in jail). A knowing and willful violation is also an unfair or deceptive trade practice. Miss. Code Ann. § 75-24-25 |
| Missouri | Missouri addresses price gouging through an Attorney General rule under the Merchandising Practices Act. It is an unfair practice to charge an excessive price for any necessity within a disaster area, or for a necessity the seller has reason to know is likely to go to consumers in a disaster area, or to take advantage of hardship caused by extreme temporary conditions by charging a price substantially above the previous market price. "Excessive price" means a price not justified by the seller's actual costs plus its usual profit margin before the disaster. "Necessity" includes food, water, medical treatment, sanitation, construction, repair and transportation. A disaster area is one declared by state or federal authorities and, if no end date is stated, expires 30 days after the declaration. 15 CSR 60-8.010, 60-8.030 |
| Nevada | During a state of emergency or declaration of disaster proclaimed by the Governor or Legislature that has been in effect for 75 days or less, it is a deceptive trade practice to sell, rent or offer goods or services in the emergency or disaster area at a price grossly in excess of the usual price. This covers consumer goods and services, medical supplies and services, repair or reconstruction services, and other goods or services commonly used in responding to that emergency. Whether a price is grossly excessive is decided considering all circumstances, including prices in the area in the 30 days before the emergency; a price is not considered grossly excessive if it reflects increased supplier, labor or material costs, or if it is no more than 15% above the usual price for items up to $250, 10% above for items over $250 up to $750, or 5% above for items over $750 (among other safe harbors). Nev. Rev. Stat. § 598.09235 |
| New Jersey | It is unlawful to sell or offer to sell, during a declared state of emergency (within 30 days after the declaration, or another period the Governor sets), in the emergency area, goods or services consumed or used as a direct result of the emergency or to preserve life, health, safety or comfort, at an excessive price increase. A price is excessive if it is more than 10 percent above the seller's price just before the emergency, or, where the increase reflects higher supplier or other costs, if the seller's markup from cost is more than 10 percent above its usual markup. A state of emergency may be declared by the President, the Governor, or a municipal emergency management coordinator. N.J.S.A. 56:8-107 to 56:8-109 |
| New Mexico | The New Mexico Department of Justice treats emergency price gouging under the Unfair Practices Act, which prohibits unconscionable business practices such as exploiting consumers during an emergency. The Act defines an unconscionable trade practice to include one that takes advantage of a person's lack of knowledge, ability, experience or capacity to a grossly unfair degree, or results in a gross disparity between the value received and the price paid. The Department has sent cease-and-desist letters over alleged wildfire-related hotel price gouging and asks the public to report suspected gouging. NMSA 1978, § 57-12-2(E); N.M. Department of Justice media alert on hotel price gouging |
| New York | During an abnormal disruption of the market (for example from weather, energy shortages, strikes, civil disorder, war or other emergencies, or an FDA-reported drug shortage) that results in the Governor declaring a state of emergency, sellers may not charge an unconscionably excessive price for consumer goods and services, essential medical supplies and services, or other essential goods and services. Prima facie proof includes a gross disparity between the price charged and the price before the disruption, or a price that grossly exceeds what similar goods were readily available for in the area; a seller can rebut by showing it only kept its prior profit margin or faced added costs beyond its control. The Attorney General enforces the law and may seek an injunction, restitution, and a civil penalty of up to $25,000 per violation or three times gross receipts, whichever is greater. N.Y. Gen. Bus. Law § 396-r |
| North Carolina | Yes. After a triggering event, such as the declaration of a state of emergency or a finding of abnormal market disruption declared by the Governor, it is illegal to sell or rent goods or services knowing and intending to charge a price that is unreasonably excessive under the circumstances. Factors considered include whether the price reflects added costs from suppliers and whether it exceeds the seller's average price in the 60 days before the triggering event. The prohibition is time-limited (generally up to 45 days after the triggering event unless the Governor extends it). A violation is treated as an unfair or deceptive trade practice. N.C. Gen. Stat. § 75-38 |
| Oklahoma | Under Oklahoma's Emergency Price Stabilization Act, during a state or federal emergency declaration and for 30 days afterward, no one may sell, rent or lease, or offer, goods, services, dwelling units or storage space in the emergency area at more than 10% above the price charged immediately before the declaration, unless the increase is due to petroleum or natural gas market price increases or to factors unrelated to the emergency (not added profit). For 180 days after that, the same 10% limit applies to renting dwelling units or storage space and to selling goods used to repair, restore, remodel or build homes in the emergency area. The emergency area includes the affected counties and all neighboring counties. A violation is a violation of the Consumer Protection Act, and actions may be filed within one year after the emergency declaration ends. Okla. Stat. tit. 15, §§ 777.1 to 777.5 |
| Oregon | When the Governor declares an abnormal disruption of the market (for example, as part of a state of emergency), merchants and wholesalers may not sell or offer essential consumer goods or services at an unconscionably excessive price in the covered area. A price that is 15% or more above the seller's own price just before or during the declaration, or 15% or more above the price readily available from others in the area, is prima facie evidence of a violation, unless the increase is due to higher supplier costs or other increased costs. Essential goods and services include items such as food, water, gasoline, shelter like hotel rooms, and residential construction materials or labor. The declaration ends automatically after 30 days unless the Governor extends it, and the Legislature has declared such pricing subject to regulation as an unlawful trade practice. Or. Rev. Stat. §§ 401.960 to 401.970 |
| Rhode Island | After the Governor declares a state of emergency or the President declares a federal disaster, it is an unfair sales practice to sell or offer essential commodities to consumers in the emergency area at an unconscionably high price, meaning a gross disparity from the average price in the local area during the 30 days before the declaration that is not substantially due to increased supplier costs. Essential commodities include goods and services such as home heating and motor fuels, food, water, ice and lumber needed because of the emergency. The rule lasts until the declaration expires or ends, and normal price fluctuations are allowed. Violations are treated as violations of the Deceptive Trade Practices Act. R.I. Gen. Laws § 6-13-21 |
| South Carolina | When the Governor declares a state of emergency, it is unlawful to rent or sell, or offer, a commodity at an unconscionable price in the emergency area, or to charge unconscionable prices for renting dwelling units, hotel or motel rooms, other temporary lodging or self-storage there, until the declaration expires or ends. A price is unconscionable if it shows a gross disparity from, or grossly exceeds, the average price in the 30 days before the declaration and the increase is not due to added costs or market trends. Commodities include goods and services such as food, water, ice, chemicals, petroleum products and lumber needed because of the emergency. Similar rules apply after certain presidential disaster declarations. Violations fall under the Unfair Trade Practices Act. S.C. Code Ann. § 39-5-145 |
| Tennessee | Tennessee's price gouging law applies in two situations. First, a business may never unreasonably raise prices or restrict supplies of essential goods or services in direct response to a crime, act of terrorism, war or natural disaster, whether or not it occurred in Tennessee. Second, when the Governor declares a state of emergency and finds an abnormal economic disruption, no one may charge a price grossly in excess of the usual price for items such as emergency supplies (water, flashlights, batteries, plywood and similar items), medical supplies, consumer food items, and, under the Attorney General's guidance, gasoline. The law covers all levels of the supply chain. The Attorney General can stop price gouging and seek refunds, and courts may impose civil penalties of $1,000 per violation. Complaints can be filed online or by calling 615-741-4737. Tenn. Code Ann. § 47-18-5101 et seq. (Tennessee Price-Gouging Act of 2002), as summarized by the Tennessee Attorney General |
| Texas | During a disaster declared by the Governor or the President, the DTPA prohibits taking advantage of the disaster by selling or leasing, or demanding, an exorbitant or excessive price for fuel, food, medicine, lodging, building materials, construction tools or other necessities. The rule applies during a designated disaster period that begins when the disaster occurs or is declared and ends 30 days after the declaration expires or is terminated. Tex. Bus. & Com. Code §§ 17.46(b)(27), 17.4625 |
| Utah | Under Utah's Price Controls During Emergencies Act, when the Governor declares a state of emergency (for its duration) or the President declares an emergency or major disaster (for 30 days after it begins), a person may not sell goods or services needed because of the emergency to consumers at retail in the affected area at an excessive price. An excessive price generally means more than 10% above the seller's highest price in the 30 days before the declaration, or more than 10% above the seller's increased total cost plus its customary margin; for sellers who did not sell the item before, more than twice their total cost. A seller may defend by showing it applied the same margin as before the emergency. The Division of Consumer Protection enforces the law. Utah Code §§ 13-41-102, 13-41-201, 13-41-202 |
| Vermont | Vermont's price gouging law covers petroleum and heating fuel products (motor fuels, propane, fuel oil, kerosene and wood pellets for heating or cooking). When the Governor declares a market emergency (lasting 30 days unless ended or extended), it is an unfair and deceptive practice for any producer, supplier, wholesaler, distributor or retailer of these products to sell or offer them at an unconscionably high price during the emergency or the seven days before it. A price is unconscionably high if it shows a gross disparity from the business's usual prices before the emergency or from prices readily available in the area. 9 V.S.A. § 2461d |
| Virginia | Under the Virginia Post-Disaster Anti-Price Gouging Act, during a declared state of emergency it is unlawful for a supplier to sell, lease or license, or offer, necessary goods and services at an unconscionable price in the emergency area; an actual sale is not required. Factors include whether the price grossly exceeds the supplier's own price, or the price readily available in the trade area, during the 10 days before the disaster, and whether the increase is due solely to added costs or a regular seasonal adjustment. Violations are enforced as Consumer Protection Act violations, but the law does not create a private right to sue. Price gouging complaints about motor fuel go to the Virginia Department of Agriculture and Consumer Services, Office of Weights and Measures. Va. Code §§ 59.1-525 to 59.1-529.1 |
| West Virginia | When a state of emergency or state of preparedness is declared, and for its duration or 30 days, whichever is longer, it is unlawful to sell or offer consumer food, essential consumer items, emergency cleanup goods, emergency and medical supplies, home heating oil, building materials, housing, transportation, freight and storage, or gasoline in the affected area for more than 10% above the seller's price on the 10th day before the declaration, unless the increase is directly due to added supplier or labor and material costs (and then no more than 10% above cost plus the usual markup). For 180 days after the declaration, contractors may not charge more than 10% above their pre-declaration prices for repair, reconstruction or emergency cleanup services in the area, with the same cost exception. W. Va. Code § 46A-6J-3 |
| Wisconsin | When the Governor certifies by executive order that the state, or part of it, is in a period of abnormal economic disruption, no seller may sell or offer consumer goods or services in Wisconsin, at wholesale or retail, at unreasonably excessive prices. DATCP sets the standards for what counts as unreasonably excessive by rule. DATCP (or the Department of Justice) may issue warning notices or sue for civil forfeitures of up to $10,000 and injunctions. Wis. Stat. § 100.305 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.