Ahead of Winter Storm, Virginia Attorney General Warns of Price Gouging Laws

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RICHMOND, Va. – With a major winter storm looming, Attorney General Jason Miyares is reminding retailers about laws against charging exorbitant prices for necessities during an emergency.

Virginia’s Anti-Price Gouging Act, enacted in 2004, prohibits a supplier from charging “unconscionable prices” for necessary goods and services following a declared state of emergency.

On January 3, 2025, Governor Glenn Youngkin declared a state of emergency ahead of a major storm system due to hit the Commonwealth on January 6.

According to an emailed statement from the Attorney General’s office, items and services covered by these protections include, but are not limited to, water, ice, food, generators, batteries, home repair materials and services, and tree removal services.

The basic test for determining if a price is unconscionable is whether the post-disaster price grossly exceeds the price charged for the same or similar goods or services during ten days prior to the disaster.

For example, a retailer offering $5 cases of water during the month of December, cannot raise the price of those cases to a last-minute supply-and-demand price of $20.

Violations of the price gouging act are enforceable through the Virginia Consumer Protection Act.

According to Miyare’s statement:

Complaints should be reported for investigation to the Office of the Attorney General Consumer Protection Section, with the exception of claims related to gasoline and motor fuel prices, which are handled by the Virginia Department of Agriculture and Consumer Services.

Those looking to file a complaint with the Virginia Attorney General Consumer Protection Division should call (800)-552-9963, email consumer@oag.state.va.us or complete an online complaint form.