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 West Virginia, price gouging is illegal during a state of emergency or when a state of preparedness is declared by the Governor. According to the West Virginia Code §46A-6J-1 et seq., it is unlawful for businesses to raise the price of goods or services by more than 10% of what the price was ten days prior to the declaration. This applies to essential items such as food, water, fuel, emergency supplies, and other goods and services that are necessary for consumption or use as a direct result of the emergency. The law is designed to protect consumers from excessive and unjustified increases in the cost of essential goods and services during times of crisis. Violations of the price gouging statute can result in penalties, including fines and injunctions, and are enforced by the West Virginia Attorney General's Office.