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 Utah, price gouging is regulated under the Utah Code, specifically under the Utah Consumer Sales Practices Act. The Act prohibits charging unconscionable prices for goods or services during a declared state of emergency. An unconscionable price is generally considered to be an amount that represents a gross disparity between the price of the goods or services and the average price at which similar goods or services were readily obtainable in the affected area during the 30 days immediately before the declaration of the state of emergency. The law applies to all sales to individuals of goods or services that are necessary for the health, safety, or welfare of consumers. Violations of the Act can result in penalties including consumer restitution, fines, and injunctive relief. It's important to note that the specifics of what constitutes price gouging can vary depending on the circumstances of the emergency and the interpretation of the law by courts or the Utah Division of Consumer Protection.