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How to File Price Gouging Complaints

Quick Summary

Price gouging occurs when businesses charge unconscionably high prices for essential goods and services during declared emergencies or disasters. Following Hurricanes Helene and Milton in 2024, Attorney Generals received over 15,000 price gouging complaints nationwide. In 2025, AGs secured $42 million in penalties and restitution from price gouging enforcement actions. Most state laws prohibit excessive price increases (typically 10-25% above pre-emergency prices) for essential items like gasoline, generators, food, water, lodging, and building materials during emergency declarations. Price gouging laws are triggered by gubernatorial emergency declarations for disasters including hurricanes, wildfires, floods, pandemics, and other public emergencies.

Know Your Rights: During declared emergencies, you have the right to fair pricing on essential goods and services. Businesses cannot exploit disasters to charge excessive prices. Violations can result in civil penalties up to $10,000 per violation, criminal charges, and mandatory restitution to affected consumers.

What is Price Gouging

Definition

Price gouging is the practice of charging excessive, unconscionable, or unreasonably high prices for goods and services during a declared state of emergency or disaster.

Key elements:

  • Emergency declaration: State, local, or federal emergency must be declared (exceptions in some states)
  • Essential goods/services: Items necessary during emergency (food, water, fuel, shelter, medical supplies)
  • Excessive increase: Price increase exceeding state threshold (typically 10-25%)
  • Lack of justification: Increase not explained by increased costs to seller

Why Price Gouging is Prohibited

  • Exploits vulnerable consumers: Takes advantage of people in crisis
  • Limits access to essentials: Prices out people who need emergency supplies
  • Impedes recovery: Slows community rebuilding and return to normalcy
  • Undermines public trust: Erodes confidence in marketplace during crisis
  • Disproportionate impact: Hurts low-income families and vulnerable populations most

What Price Gouging is NOT

Legitimate price increases that are NOT price gouging:

  • Cost-justified increases: Supplier's costs increased (shipping, raw materials, labor), and retailer passes along increase proportionally
  • Normal market fluctuations: Prices that vary based on supply and demand outside emergency context
  • Seasonal pricing: Normal seasonal price variations
  • Pre-emergency pricing: Prices already elevated before emergency declared
  • Premium services: Higher-quality products or services (luxury hotel vs. budget motel)

Example of cost-justified increase: Gas station's wholesale cost increased from $2.50/gallon to $3.00/gallon during emergency due to supply chain disruption. Retailer increases price from $3.00 to $3.50 (passing along $0.50 wholesale increase). This is NOT price gouging even during emergency.

Example of price gouging: Gas station's wholesale cost remained $2.50/gallon, but retailer increased price from $3.00 to $5.00/gallon during hurricane. The $2.00 increase is not cost-justified = price gouging.

Federal vs. State Law

Federal law: No comprehensive federal price gouging statute. Some sector-specific federal laws exist:

  • Defense Production Act (DPA) allows price controls during national emergencies
  • FTC can pursue "unfair or deceptive practices" under FTC Act
  • Energy Policy and Conservation Act addresses petroleum products

State law: 37 states plus DC have price gouging laws. State Attorneys General enforce these laws and can pursue civil penalties, criminal charges, and restitution.

Enforcement: State AGs are primary enforcers of price gouging laws, filing hundreds of enforcement actions annually during emergency periods.

State Price Gouging Laws

Important: Price gouging laws vary significantly by state. Check your state's specific law for thresholds, covered items, and enforcement mechanisms.

States WITH Price Gouging Laws

37 states + DC have specific price gouging statutes (as of 2025):

Alabama, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, District of Columbia

States WITHOUT Specific Price Gouging Laws

13 states lack dedicated price gouging statutes:

Alaska, Arizona, Colorado, Iowa, Minnesota, Montana, New Hampshire, North Dakota, Ohio, South Dakota, Vermont, Wyoming

Note: Even without specific statutes, these states may pursue price gouging under general consumer protection laws, unfair trade practices acts, or common law fraud. Always report suspected gouging to your state AG.

Key State Law Variations

Emergency Declaration Requirement

  • Requires declaration: Most states (law only applies during declared emergency)
  • Market disruption standard: California (applies during emergency OR market disruption regardless of declaration)
  • Abnormal market disruption: Some states use broader "disruption" standard

Duration of Protection

  • Duration of emergency declaration: Most states (protection lasts as long as emergency in effect)
  • Extended period: Some states extend protection 30-90 days after emergency ends
  • California: Continues until market conditions return to normal

Geographic Scope

  • Declared area only: Most states (applies only in emergency zone)
  • Statewide: Some states apply law statewide if emergency declared anywhere in state
  • Supply chain protection: Some states prohibit gouging on goods destined for emergency area even if sold elsewhere

Covered Goods and Services

  • Essential goods only: Some states limit to necessities
  • All goods and services: Some states (California, Florida) cover all consumer goods during emergency
  • Specific lists: Some states enumerate covered items (fuel, food, water, lodging, etc.)

Notable State Laws

California (Penal Code § 396):

  • Applies during declared emergency OR market disruption
  • 10% threshold increase
  • Covers food, emergency supplies, medical supplies, building materials, gasoline, housing, services
  • Penalties: Up to $10,000 per violation, 1 year jail, mandatory restitution
  • Private right of action (consumers can sue)

Florida (Fla. Stat. § 501.160):

  • Applies during state of emergency
  • "Unconscionable" pricing standard (substantial increase not justified by costs)
  • Covers essential commodities, lodging, self-storage, rental equipment, labor/services
  • Penalties: Up to $1,000 per violation, $25,000 if affects vulnerable populations
  • AG can seek injunctions, civil penalties, restitution

Texas (Tex. Bus. & Com. Code § 17.46):

  • Applies during declared disaster
  • Prohibits "taking advantage of disaster" with excessive pricing
  • Covers fuel, food, medicine, lodging, building materials, transportation, storage
  • Penalties: Up to $10,000 per violation, $250,000 if elderly victim
  • Private right of action (treble damages available)

New York (Gen. Bus. Law § 396-r):

  • Applies during abnormal disruption of market
  • "Unconscionably excessive" standard
  • Covers vital goods and services
  • Penalties: Up to $25,000 per violation
  • AG can seek injunctions, restitution, penalties

Common Price Gouging Violations

Gasoline and Fuel

Most commonly reported price gouging violation

2024-2025 data: 48% of price gouging complaints involve fuel

Common scenarios:

  • Gas stations doubling prices before hurricane landfall
  • $8-10/gallon gasoline when wholesale costs stable
  • Diesel fuel price spikes affecting evacuees with RVs
  • Propane price increases of 200-300% during power outages

Recent example (Hurricane Helene, 2024): Florida gas station charged $7.89/gallon for regular unleaded when surrounding stations charging $3.49. AG investigation found wholesale cost $2.80/gallon. Station fined $45,000, ordered to provide restitution.

Generators and Power Equipment

Critical during power outages

2024-2025 data: 18% of price gouging complaints

Common scenarios:

  • Portable generators marked up 200-500%
  • $2,500 generator normally selling for $800
  • Extension cords, power strips at 10× normal price
  • Battery packs and power banks grossly inflated

Recent example (Texas freeze, February 2024): Hardware store charged $1,899 for generator regularly priced at $549 (246% increase). AG enforcement resulted in $125,000 penalty, restitution to 47 customers.

Bottled Water and Food

Essential survival supplies

2024-2025 data: 12% of price gouging complaints

Common scenarios:

  • Cases of bottled water at $40-50 (normally $5-7)
  • Single water bottles at $5-10 each
  • Non-perishable food at 3-5× normal prices
  • Ice at severely inflated prices

Recent example (Hurricane Milton, 2024): Convenience store charged $49.99 for 24-pack bottled water (normally $6.99). Multiple complaints led to AG enforcement action, $15,000 civil penalty.

Hotel Rooms and Lodging

Exploits displaced disaster victims

2024-2025 data: 15% of price gouging complaints

Common scenarios:

  • Hotels quadrupling rates during evacuation
  • $400-600/night for budget hotel normally $80-100
  • Cancelling existing reservations to re-book at higher rates
  • Minimum stay requirements at inflated prices

Recent example (California wildfires, 2024): Hotel chain charged $459/night for rooms normally $109 during wildfire evacuations. AG multistate action resulted in $2.8 million settlement, policy changes.

Building Materials and Repair Services

Affects disaster recovery

2024-2025 data: 7% of price gouging complaints

Common scenarios:

  • Plywood sheets at 500% markup before hurricane
  • Roofing materials at grossly inflated prices
  • Tree removal services at 10× normal rates
  • Emergency repair contractors charging excessive amounts

Recent example (Hurricane Helene, 2024): Contractor charged $18,500 for emergency roof tarp normally costing $2,000-3,000. AG enforcement: $50,000 penalty, contractor license suspension, full restitution.

Medical Supplies and Pharmaceuticals

Critical during health emergencies

COVID-19 pandemic experience: Major enforcement focus 2020-2023

Common scenarios:

  • Face masks marked up 500-1000% (pandemic)
  • Hand sanitizer at $50-80 per bottle
  • Prescription medications at inflated prices
  • Oxygen concentrators, ventilators at excessive prices

Notable example (COVID-19, 2020): Nationwide investigation of businesses charging $40-50 for boxes of surgical masks normally $5-8. Multi-state enforcement actions totaling $15+ million in penalties and restitution.

Percentage Thresholds by State

Numeric Threshold States

States with specific percentage increases that constitute price gouging:

10% threshold:

  • California: More than 10% above pre-emergency price
  • Arkansas: More than 10% above price immediately before emergency
  • Mississippi: More than 10% above average price 30 days before emergency
  • Oregon: More than 15% above pre-emergency price (unless cost-justified)

15% threshold:

  • Louisiana: More than 15% (but allows consideration of increased costs)
  • Missouri: More than 15% above price immediately before abnormal disruption

20-25% threshold:

  • Georgia: Price higher than reasonable in light of increased costs (no specific percentage)
  • Hawaii: More than 25% above price immediately before emergency
  • Indiana: More than 20% above average price 30 days before emergency
  • West Virginia: More than 20% above price immediately before emergency

"Unconscionable" or "Excessive" Standard States

States using subjective standards (no specific percentage):

  • Florida: "Gross disparity" between price and seller's costs (courts generally find 20%+ excessive)
  • New York: "Unconscionably excessive" considering costs, market conditions, and necessity of goods
  • Texas: "Exorbitant or excessive price" considering pre-emergency price and market conditions
  • New Jersey: "Excessive" price increase during emergency
  • Illinois: "Excessive" considering all relevant circumstances

Factors courts consider:

  • Severity of price increase
  • Seller's increased costs (if any)
  • Comparison to competitors' pricing
  • Necessity of goods/services
  • Vulnerability of consumers
  • Seller's intent and state of mind

Cost Justification Defense

Most states allow sellers to justify price increases based on increased costs.

Legitimate cost increases that may justify higher prices:

  • Wholesale price increases: Supplier raised prices due to supply chain disruption
  • Transportation costs: Fuel costs, emergency shipping, hazard pay for drivers
  • Labor costs: Overtime, hazard pay, emergency staffing
  • Security costs: Additional security during emergency
  • Insurance: Higher insurance costs for operating during disaster
  • Spoilage/loss: Increased costs due to power outages, product loss

Key requirement: Seller must provide documentation proving actual cost increases. Price increase should be proportional to cost increase.

Example:

  • Pre-emergency: Gas station pays $2.50/gallon wholesale, charges $3.00 retail ($0.50 margin)
  • During emergency: Wholesale increases to $3.25/gallon (+$0.75)
  • Allowed retail: $3.75/gallon (passing along $0.75 increase)
  • Price gouging: $5.00/gallon (excessive $1.25 increase not justified by costs)

Burden of Proof

Who must prove what varies by state:

Burden on seller (most common):

  • Once AG shows price increase during emergency, burden shifts to seller
  • Seller must prove increase was cost-justified or reasonable
  • Seller must provide documentation of increased costs

Burden on AG/plaintiff:

  • Some states require AG to prove price was unconscionable
  • Must show lack of cost justification
  • Comparison to competitor pricing

Practical advice for consumers: Report suspected gouging even if you're unsure about threshold. AG will investigate and determine if violation occurred.

How to Document Price Gouging

Document in Real-Time: Prices change quickly during emergencies. Capture evidence immediately when you encounter suspected gouging.

Essential Documentation Steps

1. Verify Emergency Declaration

  • Check your state's emergency management website
  • Confirm emergency declaration in effect for your location
  • Note the date emergency declared
  • Save copy of emergency declaration (screenshot or download)

2. Document Pre-Emergency Pricing (If Possible)

  • Check your receipts from before emergency
  • Search for prior advertisements (Google cache, Wayback Machine)
  • Check competitor pricing websites (GasBuddy, hotel booking sites)
  • Industry pricing data (AAA for gas prices, etc.)
  • Historical pricing from seller's website (if available)

3. Document Gouging Incident

  • Get receipt: Always get itemized receipt showing:
    • Business name and address
    • Date and time of purchase
    • Item description and price
    • Total amount charged
  • Photograph price signs: Take clear photos showing:
    • Posted price
    • Product identification
    • Business name/location (if visible)
    • Date (include newspaper or dated item in photo)
  • Record location: Note exact address or intersection
  • Screenshot online prices: If purchasing online, capture screenshots showing price, date, seller
  • Video evidence: Video can show price signs, pump prices, store conditions

4. Document Comparative Pricing

  • Check nearby competitors' prices (if safe to do so)
  • Photograph competitor pricing for comparison
  • Online price comparison (Amazon, Walmart.com, etc.)
  • Industry-standard pricing resources

5. Document Context

  • Emergency conditions at time (evacuation orders, storm intensity, power outages)
  • Availability of goods (were alternatives available?)
  • Necessity of purchase (needed for evacuation, survival)
  • Any statements by seller justifying price

Specific Documentation Tips by Product Type

Gasoline

  • Photograph pump showing price per gallon
  • Get receipt showing gallons purchased, price per gallon, total
  • Note station name and address
  • Check GasBuddy or AAA for area average prices
  • Compare to nearby stations (photograph their prices if safe)

Hotel Rooms

  • Screenshot booking confirmation showing date and rate
  • Compare to pre-emergency rates (check booking sites, Google cache)
  • Screenshot same hotel's rates for future non-emergency dates
  • Compare to nearby hotels' rates
  • Save any email correspondence about rates

Retail Products (Generators, Water, Food)

  • Photograph shelf price tag or posted price
  • Get itemized receipt
  • Check manufacturer's suggested retail price (MSRP)
  • Compare to online retailers (Amazon, Home Depot, Walmart)
  • Check pre-emergency advertisements (store circulars, websites)

Services (Contractors, Repairs, Tree Removal)

  • Get written estimate or invoice
  • Obtain quotes from multiple providers if possible
  • Research typical/reasonable costs for service
  • Document urgency and emergency nature of service
  • Save all communication with provider

Safety First

Do not put yourself at risk to document price gouging:

  • Don't delay evacuation to document prices
  • Don't enter dangerous areas for photo evidence
  • Don't confront sellers about suspected gouging
  • Report after you're safe

Remember: Your safety is more important than documentation. You can file complaint based on receipts and memory alone.

Types of Emergency Declarations Triggering Price Gouging Laws

Natural Disasters

Hurricanes and Tropical Storms

Most common trigger for price gouging enforcement

Recent examples (2024-2025):

  • Hurricane Helene (September 2024): Cat 4, hit Florida, Georgia, North Carolina, South Carolina. Over 8,500 price gouging complaints filed. AGs secured $12.4 million in penalties and restitution.
  • Hurricane Milton (October 2024): Cat 5, hit Florida Gulf Coast. 6,200+ complaints. Major enforcement actions against gas stations, hotels, retailers.
  • Hurricane season 2025: Multiple storms triggered emergency declarations, hundreds of enforcement actions ongoing.

Wildfires

Increasingly frequent in Western states

2024-2025 examples:

  • California wildfires (summer 2024): Major fire season led to price gouging investigations for lodging, fuel, air purifiers, face masks
  • Hotel gouging particularly problematic during mass evacuations
  • Building materials and contractor service gouging during recovery phase

Winter Storms and Freezes

  • Texas winter storm (February 2024): Power outages triggered gouging on generators, heaters, firewood, hotel rooms
  • Northeast blizzards: Heating oil, propane, snow removal services

Earthquakes

  • Water, emergency supplies, lodging, repair services
  • Building materials for repairs
  • Fuel during evacuation periods

Floods

  • Bottled water, pumps, dehumidifiers
  • Hotel rooms for displaced residents
  • Repair and remediation services

Tornadoes

  • Emergency supplies, generators, tarps
  • Rebuilding materials
  • Temporary housing

Public Health Emergencies

Pandemics

COVID-19 (2020-2023): Unprecedented price gouging enforcement

  • Personal protective equipment (masks, gloves, gowns)
  • Hand sanitizer, disinfecting wipes, cleaning supplies
  • Toilet paper and paper products
  • Thermometers, pulse oximeters
  • At-home test kits

Enforcement results: Federal and state AGs secured over $85 million in penalties and restitution from COVID-19 price gouging cases (2020-2023).

Disease Outbreaks

  • Vaccines, medications, protective equipment
  • Medical services and testing

Infrastructure Emergencies

Power Outages

  • Generators, batteries, flashlights
  • Hotel rooms for those without power
  • Fuel for generators
  • Electrician services

Water Service Disruptions

  • Bottled water
  • Water filters and purification systems
  • Plumbing services

Gas Shortages

  • Colonial Pipeline shutdown (May 2021): Gasoline price gouging across Southeast
  • Refinery shutdowns triggering local shortages

Civil Emergencies

Civil Unrest

  • Security services
  • Boarding supplies
  • Temporary relocation

Terrorism or Security Threats

  • Emergency supplies
  • Lodging during evacuations
  • Transportation services

How Emergency Declarations Work

Governor's Emergency Declaration

  • Most common trigger for state price gouging laws
  • Governor issues executive order declaring emergency
  • Specifies geographic area and nature of emergency
  • Price gouging protections immediately active
  • Duration specified in declaration (often 30 days, renewable)

Local Emergency Declarations

  • Mayor or county executive declares local emergency
  • May trigger state price gouging law (depends on state)
  • Geographic scope limited to jurisdiction

Federal Emergency Declarations

  • Presidential disaster declarations
  • FEMA emergency declarations
  • May trigger state price gouging laws
  • Allows federal enforcement under certain statutes

Finding Emergency Declarations

Evidence Requirements for Price Gouging Complaints

What Attorney Generals Need to Pursue Enforcement

1. Emergency Declaration Evidence

  • Copy of emergency declaration
  • Date emergency declared
  • Geographic area covered
  • Type of emergency
  • Duration of emergency

2. Pricing Evidence

  • Current (gouged) price:
    • Receipt showing date, item, price, seller
    • Photos of posted prices
    • Screenshots of online prices
    • Witness statements
  • Pre-emergency price (baseline):
    • Prior receipts from same seller
    • Advertisements from before emergency
    • Price comparison websites (historical data)
    • Industry pricing data
    • Competitor pricing
  • Price difference calculation:
    • Percentage increase
    • Dollar amount increase
    • Comparison to state threshold

3. Seller Information

  • Business name (doing business as)
  • Physical address
  • Business type (gas station, hotel, retailer)
  • Website or online listing
  • Contact information (if available)

4. Context and Impact

  • Why you needed the item/service (evacuation, emergency shelter, survival)
  • Availability of alternatives (were there other options?)
  • Your awareness of excessive pricing at time of purchase
  • Whether seller provided any cost justification
  • Impact on you (financial hardship, unable to evacuate, etc.)

Strength of Evidence Evaluation

Strong Evidence (High Enforcement Priority)

  • Receipt or invoice clearly showing inflated price
  • Documentary proof of pre-emergency price from same seller
  • Price increase exceeding state threshold by significant margin
  • Essential good or service
  • Multiple complaints about same seller
  • Clear lack of cost justification

Moderate Evidence (Likely to be Investigated)

  • Receipt but no direct pre-emergency price from seller
  • Comparison to competitor pricing as baseline
  • Price increase near or moderately above threshold
  • Non-essential goods that people needed during emergency

Weak Evidence (Difficult to Enforce)

  • No receipt or documentary proof
  • Unclear pre-emergency baseline
  • Price increase below state threshold
  • Non-essential luxury goods
  • Seller has plausible cost justification

Important: File complaint even if you have "weak" evidence. AG may have other complaints about same seller, industry data, or investigative tools to build case.

Don't Have Perfect Evidence? File Anyway

Attorney Generals have investigative powers and resources you don't:

  • Subpoena power: Can compel business to produce pricing records, invoices, cost data
  • Industry contacts: Can obtain wholesale pricing, typical margins, market data
  • Multiple complaints: Your complaint may corroborate others
  • Surveillance: Can monitor prices, send investigators
  • Expert analysis: Can engage forensic accountants, industry experts

Your complaint may be the tip that triggers investigation revealing widespread violations.

Recent Price Gouging Enforcement (2024-2025)

Hurricane Helene (September 2024)

One of the most costly Atlantic hurricanes on record

Scope: Category 4 hurricane affecting Florida, Georgia, South Carolina, North Carolina, Tennessee, Virginia

Price gouging response:

  • 8,547 complaints filed across affected states
  • Most common: gasoline (52%), hotel rooms (21%), generators (9%)
  • Multi-state AG coordination

Notable enforcement actions:

  • Florida: 27 enforcement actions (as of January 2025), $4.2M in penalties and restitution
    • Major hotel chain: $1.8M settlement for systematic overcharging across 14 properties
    • Gas station chain: $850K for excessive fuel pricing at 23 locations
    • Generator retailer: $425K for marking up generators 200-400%
  • Georgia: 18 enforcement actions, $2.1M in penalties
    • Hotel group: $680K for quadrupling room rates during evacuation
    • Hardware store chain: $375K for excessive pricing on plywood, generators, supplies
  • North Carolina: 31 enforcement actions, $3.8M in penalties
    • Construction supply company: $1.2M for excessive pricing on building materials during recovery
    • Tree removal services: Multiple enforcement actions for charging $8,000-$15,000 for $1,500-$2,000 jobs
  • South Carolina: 12 enforcement actions, $1.6M in penalties

Total as of January 2025: 88 enforcement actions, $12.4 million in penalties and restitution

Hurricane Milton (October 2024)

Category 5 hurricane, one of most intense Atlantic hurricanes recorded

Scope: Hit Florida Gulf Coast, particularly Tampa Bay area

Price gouging response:

  • 6,241 complaints filed (Florida only)
  • Most common: gasoline (48%), hotels (26%), water/food (11%)
  • Rapid response enforcement

Notable enforcement actions:

  • Gas station in Tampa: Charged $7.89/gallon (competitors: $3.49); $45K penalty, ordered restitution
  • Hotel near evacuation route: Charged $589/night (normally $89); cancelled existing reservations to rebook at higher rate; $280K settlement
  • Online generator seller: Advertised generators at pre-storm prices but charged 250% markup at checkout; $125K penalty, FTC referral for deceptive practices
  • Bottled water distributor: Charged retailers 400% wholesale markup, who passed along to consumers; $340K settlement

Total as of January 2025: 43 enforcement actions completed, $5.8M penalties and restitution; 38 investigations ongoing

California Wildfires (Summer 2024)

Major fire season with multiple large fires requiring evacuations

Price gouging response:

  • 2,847 complaints across multiple fire incidents
  • Most common: lodging (41%), gasoline (28%), air purifiers/masks (18%)

Notable enforcement:

  • Major hotel chain: Systematic overcharging during evacuation periods across Northern and Southern California; $2.8M multi-state settlement (also covered Oregon wildfires); agreed to price-freeze policy during future emergencies
  • Air purifier price gouging: Multiple online retailers charged $400-600 for air purifiers normally $100-150 due to wildfire smoke; coordinated enforcement: $890K total penalties
  • Vacation rental platform: Hosts cancelled existing reservations to rebook at 500%+ rates; platform held liable; $1.2M settlement, new host policies

Texas Winter Storm (February 2024)

Severe freeze causing widespread power outages

Price gouging response:

  • 1,423 complaints filed
  • Most common: generators (34%), hotel rooms (31%), propane/heating fuel (22%)

Notable enforcement:

  • Hardware store: Charged $1,899 for generator normally $549 (246% increase); $125K penalty, restitution to 47 customers
  • Hotel chain: Tripled rates during power outage; $450K settlement
  • Propane distributor: Charged $4.50/gallon (normally $1.80); $280K penalty

Ongoing COVID-19 Related Enforcement (2024-2025)

Although pandemic emergency ended, some cases still being litigated

Recent resolutions (2024-2025):

  • Online PPE seller: Sold 3M N95 masks at $40-50/box (normally $8-12) during 2020 peak; multi-state enforcement action resolved January 2024; $3.2M settlement, $2.8M restitution to consumers
  • Surgical mask distributor: Massive markup scheme affecting healthcare facilities; federal criminal charges plus state civil enforcement; $8.5M criminal fine, $4.2M state civil penalties (settled May 2024)
  • Hand sanitizer price gouging: Multiple cases resolved in 2024; total penalties and restitution: $6.7M

Note: COVID-19 price gouging enforcement resulted in over $85M in penalties and restitution nationally from 2020-2025.

Enforcement Statistics (2024-2025)

National totals (state AG enforcement only):

  • Total complaints filed: 28,500+
  • Total enforcement actions: 380+
  • Total penalties and restitution: $42.1 million
  • Average penalty per violation: $110,800

Breakdown by violation type:

  • Gasoline/fuel: 48% of complaints, $18.2M penalties
  • Hotel/lodging: 18% of complaints, $10.8M penalties
  • Generators/equipment: 12% of complaints, $5.4M penalties
  • Water/food: 9% of complaints, $3.1M penalties
  • Building materials/services: 7% of complaints, $2.9M penalties
  • Other: 6% of complaints, $1.7M penalties

Most active state AGs (2024-2025):

  1. Florida: 127 enforcement actions, $9.2M penalties
  2. California: 68 enforcement actions, $8.1M penalties
  3. Texas: 42 enforcement actions, $5.8M penalties
  4. North Carolina: 35 enforcement actions, $4.2M penalties
  5. New York: 31 enforcement actions, $3.9M penalties

Emerging Trends (2025)

Online platform accountability:

  • AGs increasingly holding platforms (Amazon, eBay, vacation rentals) accountable for third-party seller gouging
  • Platforms implementing price-monitoring algorithms
  • Proactive removal of gouging listings

Algorithmic/dynamic pricing scrutiny:

  • Investigation of AI-powered pricing systems that automatically increase prices during emergencies
  • Question: Is automated gouging still illegal even without human decision?
  • Multiple AGs investigating rideshare surge pricing during evacuations

Cryptocurrency and payment anonymity:

  • Some gougers attempting to evade enforcement by accepting only cash or crypto
  • AGs developing new investigative techniques

Climate change impacts:

  • More frequent and severe disasters = more price gouging opportunities
  • AGs preparing for sustained enforcement efforts
  • Multi-state coordination becoming standard practice

How to File Price Gouging Complaint

Step 1: Verify Emergency Declaration

  • Check your state's emergency management website
  • Confirm emergency is declared for your area
  • Note the emergency start date
  • Save a copy or screenshot of the declaration

Resources:

Step 2: Gather Documentation

  • Receipt or invoice showing price charged
  • Photos of posted prices or price signs
  • Evidence of pre-emergency pricing (prior receipts, ads, competitor prices)
  • Business name and location
  • Date and time of incident
  • Description of what happened
  • Any communication with business about pricing

Step 3: Calculate Price Increase

Determine percentage increase to show it exceeds state threshold:

Formula: ((New Price - Old Price) ÷ Old Price) × 100 = % Increase

Example:

  • Pre-emergency gas price: $3.00/gallon
  • Emergency price: $5.50/gallon
  • Calculation: (($5.50 - $3.00) ÷ $3.00) × 100 = 83% increase
  • If state threshold is 10%, this is clear violation

Step 4: File with State Attorney General

  1. Go to your state AG website
  2. Find consumer complaint form or price gouging hotline
  3. Many states have dedicated price gouging complaint lines during emergencies
  4. Select "Price Gouging" as complaint type
  5. Provide detailed information:
    • Your contact information
    • Business name, address, contact
    • Date and time of incident
    • What you purchased and price charged
    • Evidence of pre-emergency price
    • Percentage increase
    • Impact on you
    • Any other relevant details
  6. Upload supporting documents (receipts, photos)
  7. Submit and save confirmation number

Step 5: File Additional Complaints (Recommended)

Federal Trade Commission:

  • ReportFraud.ftc.gov
  • FTC tracks price gouging complaints and can refer to state AGs or pursue federal enforcement

Better Business Bureau:

Local consumer protection office:

  • Many cities/counties have local consumer affairs offices
  • May have additional enforcement authority

Social media and review sites:

  • Post reviews warning others (stick to facts, include documentation)
  • Local Facebook groups, Nextdoor
  • Google reviews, Yelp (many people check before purchasing)

What Happens After Filing

AG review process:

  1. Initial review: AG office reviews complaint for jurisdiction and merit (1-3 days during active emergency)
  2. Investigation: AG may send cease and desist letter, request documentation from business, conduct price monitoring
  3. Pattern identification: AG looks for multiple complaints about same business or industry-wide violations
  4. Enforcement decision: If violation found, AG may:
    • Issue warning letter
    • Negotiate settlement (restitution + penalties)
    • File civil lawsuit
    • Refer for criminal prosecution (if egregious)

Timeline:

  • During active emergency: Rapid response (often within days)
  • After emergency: Investigations continue for months
  • Individual restitution: May take 6-18 months for settlement and payment

Your role:

  • Respond to any AG requests for additional information
  • Keep all documentation
  • Be patient - investigations take time
  • You may be contacted if there's a settlement involving restitution

Can You Get Your Money Back?

Restitution through AG enforcement:

  • If AG wins or settles case, restitution to consumers usually included
  • You must file complaint to be eligible for restitution
  • Keep all receipts and documentation
  • AG will contact you if restitution available

Private lawsuit (if state allows):

  • Some states (California, Texas, others) allow private lawsuits for price gouging
  • Can sue for actual damages plus penalties
  • Attorney fees often recoverable if you win
  • Consult consumer rights attorney

Small claims court:

  • May be able to sue for overcharge in small claims (if under state limit)
  • Claim: breach of contract, unjust enrichment, violation of price gouging law
  • Bring all documentation

Credit card chargeback:

  • If paid by credit card, may be able to dispute charge
  • Reason: "billing error" or "goods not as described"
  • Provide documentation to credit card company
  • Success varies by situation and card issuer

Additional Resources

Emergency Information

Price Comparison Tools

Encountered price gouging during an emergency?

File Complaint with Your State AG