Price gouging occurs when retailers or other sellers take advantage of the increased demand and insufficient supply of goods and services—often commodities and basic necessities—following a natural disaster, war, civil unrest, or other event, and increase prices beyond a fair or reasonable amount.
In North Dakota, price gouging is regulated under the state's consumer protection laws. Specifically, North Dakota Century Code 51-15-01 et seq. prohibits unconscionable prices for goods and services that are necessary for the health, safety, and welfare of consumers. This typically applies during a declared state of emergency, such as after a natural disaster or other events that disrupt the market. The law considers a price increase to be unconscionable if there is a gross disparity between the price of the goods or services and the average price in the local area during the last 30 days immediately before the declaration of a state of emergency. If a business is found to be price gouging, the North Dakota Attorney General's office can take action against the seller, which may include penalties and restitution to consumers. It is important for businesses to be aware of these regulations and for consumers to report suspected price gouging to the Attorney General's Consumer Protection division.