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 South Dakota, price gouging is addressed under the South Dakota Deceptive Trade Practices and Consumer Protection law (SDCL 37-24). This law prohibits unconscionable prices for goods and services after the governor declares a state of emergency. Specifically, it is considered an unfair or deceptive act to grossly exceed the average price at which the same or similar merchandise or services were readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency. The law aims to prevent exploitation of consumers during times of crisis when they are most vulnerable. Violations of this law can result in penalties including fines and injunctions against the seller. It is important for retailers and other sellers in South Dakota to be aware of these regulations and to maintain fair pricing, especially during emergencies, to avoid legal consequences.