PRICE GOUGING LAW

Quick Reference Guide CURRENT LAWS AS OF MAY 6, 2020 INTRODUCTION

Emergency declarations issued in connection with the current pandemic have triggered a patchwork of federal and state consumer protection laws impacting numerous industries and players at every level of the supply chain. Federal and state law enforcement are closely monitoring COVID 19-related issues, including potential gouging of prices for critical health, food and consumer materials. Federal and state task forces have been created, prosecutions have commenced, and thousands of citizen and industry complaints are being investigated. Companies managing escalating costs across their supply chains must remain acutely attuned to the pricing restrictions newly applicable under federal and state law, which differ in the types of goods protected, how price gouging is defined, assessed and penalized, and the timeframes covered.

It is important in this context to consider that:

• While the current focus of federal anti-gouging enforcement is excessive price increases on designated medical supplies and equipment that are critical to the healthcare profession’s response to COVID-19, most state provisions extend more broadly to cover the food supply, consumer products, and other vital goods and services.

• These anti-gouging provisions can be quickly amplified or altered as needed by federal or state executive orders.

• While anti-gouging provisions vary from state to state, the majority implicate the full supply chain and can be used to target excessive price increases at any level of that chain.

• In many cases, the anti-gouging provisions are the functional equivalent of a price cap.

• States without specific anti-gouging provisions may still utilize deceptive trade practices and other consumer protection laws to penalize what they view to be excessive pricing.

• Violations can often result in civil and criminal penalties, up to and including imprisonment, and typically will expose liable parties to fines, restitution, injunctive relief and/or significant reputational harm.

The accompanying chart sets forth a summary of the applicable federal and state anti-gouging laws and orders presently in effect. Should you have any questions regarding these laws, how best to structure compliance protocols, or what steps to take when addressing a government price gouging investigation, please do not hesitate to contact the authors, or any member of McGuireWoods’ COVID-19 Response Team.

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Federal Defense Production N-95 and other respirators, Executive Order March 23, 2020 (EO Resale at prices in excess No Up to $10,000 criminal Act, 50 U.S.C. § 4512 ; ventilators, designated designating "scarce" or Effective Date) of prevailing market prices penalty per violation and 1 Executive Order 13910 drugs, medical device "threatened" supplies year in prison sterilization services and equipment, disinfecting devices, medical gowns or apparel, PPE (coveralls, face masks, surgical masks, face shields, gloves or surgical gloves)

Alabama Alabama Code § 8-31-1, Any consumer goods or Declaration of Emergency; March 13, 2020 25% price increase over If the price increase is Up to $1,000 civil penalty et seq. services, including food, duration of the declared (Emergency Declared) the price obtainable in "attributable to reasonable per violation, capped water, ice, chemicals, emergency the affected area during costs incurred in at $25,000 per 24 hour petroleum products the 30 days immediately connection with" the sale period and lumber "necessary prior to the declared of the good or service for consumption or use emergency is prima as a direct result of the facie "unconscionable emergency" price," although lower prices could still be found "unconscionably high"

Alaska Alaska Ch. 10 SLA 20 § 26 Food, medicine, medical Declaration of Emergency; March 11, 2020 (Emergency 10% over the prices If the price that exceeds Civil penalty of $1,000 to (SB 241) equipment, fuel, sanitation duration of the declared Declared) charged before the 10% is caused by an $25,000 per violation products, hygiene emergency declared emergency increased cost for the products, essential seller to purchase supplies household supplies and or, for a business selling other essential goods fuel, caused by normal market fluctuations

Arizona N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Arkansas Arkansas Code § 4-88-301, Consumer food items Declaration of Emergency; March 11, 2020 (Emergency 10% increase of price Greater price increase is Up to $10,000 civil penalty et seq. or goods, emergency 30 days, with indefinite Declared) "charged by that person allowable if the person per violation; punishable supplies, medical supplies, extension allowed for those goods or can show it was "directly as misdemeanor home heating oil, building services immediately prior attributable to additional materials, housing, to the proclamation of costs imposed on it by transportation, freight and emergency" the supplier of the goods storage services, gasoline or directly attributable or other motor fuel to additional costs for labor or materials used to provide the services," so long as the price is no more than 10% above the cost to the seller plus their customary markup pre- emergency; if they were selling at reduced prices pre-emergency, they can base prices off of normal sale prices

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California "CA Penal Code § 396 Consumer food items or Declaration of Emergency; March 4, 2020 (Emergency Not "more than 10 Allowable if it "was Up to $2,500 civil penalty Emergency Declaration goods, goods or services 30 days, with indefinite Declared) percent greater than the directly attributable to per violation; punishable Order" used for emergency extension provided for by price charged by that additional costs imposed as misdemeanor with cleanup, emergency Executive Order of March person for those goods or on it by the supplier of $10,000 fine and up to 1 supplies, medical supplies, 4, 2020 services immediately prior the goods, or directly year in jail home heating oil, building to the proclamation or attributable to additional materials, housing, declaration of emergency" costs for labor or materials transportation, freight, used to provide the and storage services, or services, during the state gasoline or other motor of emergency or local fuels emergency, and the price is no more than 10 percent greater than the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency."

Colorado N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Connecticut CT § 42-230, 42-232 Any item sold at retail; any Declaration of Emergency; March 10, 2020 "A price which exceeds "Retail items: ""Nothing in Up to $1,000 penalty per product or service deemed duration of the declared (Emergency Declared) the price at which such this section shall prohibit violation and up to 1 year to be in short supply or emergency product or service was the fluctuation in the in jail in danger of short supply; sold or offered for sale price of items sold at energy sources by such person in the retail which occurs during usual course of business the normal course of immediately prior to business."" the declaration of the emergency." Short supply/fuel sources: ""Nothing herein shall prohibit an increase in the price of a product or service which is attributable to additional costs incurred by such person in connection with the acquisition, production, distribution or sale of such product or service."""

Delaware Emergency Declaration All goods or services Declaration of Emergency; March 12, 2020 10% increase of price No Up to $10,000 civil penalty duration of the declared (Emergency Declared) "from the cost customarily per violation emergency applied in the usual course of business prior to this state of emergency"

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District of D.C. Code § 28-4101, et All goods or services Declaration of Emergency; March 11, 2020 (Emergency For goods: Wholesale cost No Up to $1,000 civil penalty seq. duration of the declared Declared) plus the same percentage per violation Columbia emergency retail markup as was applied during the 90- day period immediately preceding the emergency; For services: 10% increase of price for services over what was charged during the 90-day period immediately preceding the emergency

Florida Florida Statutes § 501.160 Any goods or services Declaration of emergency; March 1, 2020 (Public It is prima facie evidence Does not apply to sales Up to $1,000 civil penalty 60 days, subject to Health Emergency of "unconscionable" price by growers, producers per violation, not to indefinite renewal Declared); March 9, 2020 if it "grossly exceeds" the or processors of raw or exceed $25,000 per 24 (Emergency Declared) average price during the processed food products, hour period 30 days immediately prior except for retail sales to to the emergency, unless the ultimate consumer the increase is attributable to additional costs incurred

Georgia Georgia Statutes § 10-1- Any goods or services Declaration of Emergency; March 14, 2020 "A price higher than the "Retailer may increase Up to $10,000 civil penalty 393.4 identified by the Governor duration of the declared (Emergency Declared) price at which such goods the price of goods or per violation in the declaration of emergency were sold or offered for services during a state of the state of emergency sale immediately prior to emergency if the price necessary to preserve, the declaration of a state charged for those goods protect, or sustain the life, of emergency; provided, or services is no greater health, or safety of persons however, that such price than the cost to the or their property may be increased only retailer of those goods in an amount which or services, plus the accurately reflects an retailer's average markup increase in cost of the percentage applied during goods or services to the the ten days immediately person selling the goods prior to the declaration of or services or an increase a state of emergency." in the cost of transporting the goods or services into the area."

Hawaii Hawaii Revised Statutes § Any retail or wholesale Declaration of Emergency; March 4, 2020 (Emergency Any increase in price "Any additional operating Up to $10,000 civil penalty 127A-30 commodity, including 96 hours unless extended, Declared) expenses incurred by the per violation food, water, ice, chemicals, with current extension seller or landlord because petroleum products, through May 31 of the emergency or construction materials disaster or the severe weather, and which can be documented, may be passed on to the consumer"

Idaho Idaho Statutes § 48-603 Fuel or food, Declaration of Emergency; March 13, 2020 "Exorbitant or excessive "Additional costs of doing Up to $5,000 civil penalty pharmaceuticals, or water duration of the declared (Emergency Declared) price" (based on a business incurred by the per violation, recovery of for human consumption emergency comparison of the alleged violator because of actual damages suffered alleged violator's prices the disaster or emergency" by the consumer(s), and/ immediately before and may also be considered or an order for specific after the declaration) in determining what is performance exorbitant or excessive

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Illinois 815 ILCS 505/2; Any petroleum product Declaration of Emergency; April 1, 2020 (Emergency "An amount that Exception if "the disparity Up to $50,000 civil Administrative Code: duration of the declared Declared) represents an is [ ] substantially penalty per violation 465.10, et seq. emergency unconscionably high attributable to increased price" (defined as a "gross prices charged by the disparity" between the petroleum-related business prices immediately before suppliers or increased and after the emergency) costs due to an abnormal market disruption."

Indiana Indiana Code § 4-6-9.1-1, Fuel Declaration of Emergency; March 6, 2020 (Emergency "Unconscionable" price, No Up to $1,000 civil penalty et seq. duration of the declared Declared) defined as a price that per transaction emergency, plus the "grossly exceeds the preceding 24 hours average price" of the seven days prior to the declared emergency not attributable to increased costs to the retailer

Iowa Iowa Statutes § 714.16; "Merchandise needed Declaration of emergency March 9, 2020 (Emergency "An 'excessive price' is Prices are presumed Up to $40,000 civil Iowa Administrative Code by victims of disaster", Declared) one that is not justified by excessive "from a penalty per violation (IAC): 61-31.1 (714) including but not limited the seller’s actual costs substantial increase in the (an additional $5,000 if to "water, food, medicines, of acquiring, producing, price of any merchandise victims were elderly) sanitation supplies, selling, transporting, and over the price at which utilities, building materials, delivering the actual the merchandise was sold and materials, goods, or product sold, plus a or offered for sale in the services for cleanup or reasonable profit." usual course of business repair." immediately prior to the onset of the emergency or from a substantial increase in the markup from cost if wholesale prices or costs have increased."

Kansas Kansas Statues § 50-6,106 "Any necessary property Declaration of Emergency; March 12, 2020 Unconscionability; "an "[P]roof the supplier Up to $10,000 civil penalty or service" for which duration of the declared (Emergency Declared) increase of more than incurred . . . additional per violation (an additional consumer demand does emergency 25% shall be prima facie costs shall be prima $10,000 if victims were or is likely to increase, evidence of gross excess" facie evidence that the elderly) including consumer price increase was justified food items, emergency when such additional costs supplies, communication were actually incurred supplies and services, by the supplier during medical supplies and the period in which the services, home heating substantially increased fuel, building materials and price was being charged." services, freight, storage services, housing, lodging, transportation and motor fuels

Kentucky Kentucky Statutes § Identified products/ Declaration of Emergency; March 6, 2020 (Emergency "A price which is grossly "A person who increases Up to $5,000 civil penalty 367.372, et seq. services, which include: 30 days, subject to Declared) in excess of the price prior a price does not violate for the first violation and consumer food items; supplemental renewal to the declaration and this subsection if the price up to $10,000 for each goods or services used unrelated to any increased increase is attributable to additional violation. for emergency cleanup; cost to the seller," which an additional cost imposed emergency supplies; does not include a price by a supplier of a good or medical supplies; home within 10% or less over other costs of providing heating oil; building the price prior to the the good or service, materials; housing; declaration or the costs including an additional transportation; fuels plus normal markup of cost for labor or materials the seller used to provide a service."

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Louisiana Louisiana Revised Statutes Any goods and services Declaration of Emergency; March 11, 2020 (Emergency "May not exceed the "Unless the price by the Civil and criminal penalties 29, § 732 30 days, subject to Declared) prices ordinarily charged seller is attributable to supplemental renewal for comparable goods fluctuations in applicable and services in the commodity markets, same market area at fluctuations in applicable or immediately before regional or national market the time of the state of trends, or to reasonable emergency" expenses and charges and attendant business risk incurred in procuring or selling the goods or services during the state of emergency."

Maine Maine Revised Statutes "Necessities" designated Declaration of Emergency; March 17, 2020 Unconscionability; "Necessities" does not Up to $10,000 civil penalty Title 10, § 1105; § 207 by executive order as 60 days or duration of the (Declaration of Abnormal rebuttable presumption of include goods subject per violation; criminal paper products, cleaning declared emergency Market Disruption) unconscionability if price to continuous price penalties of up to $1,000 supplies, hand sanitizer, is 15% more than sum of regulation; goods for and/or up to 3 years in personal hygiene products, price before emergency which regulation is prison medicine and medical plus increased costs preempted by federal supplies, food and water attributable to emergency. law; or goods provided by insurers or non-profit hospitals.

Maryland Chapters 13 and 14, Laws Food, beverages, fuel, Issuance of Executive March 23, 2020 (EO 10% profit margin for None on the face of the Up to $10,000 civil penalty of Maryland 2020 and water, ice, medicine, Order designating covered Effective Date) retailers law, but the Attorney per violation, $25,000 Executive Order 20-03-23- hygiene and personal goods and services; General has indicated that per repeat violation; 03; Maryland Consumer care products, medical duration of declared if a retailer proves their misdemeanor with $1,000 Protection Act supplies or equipment, emergency price increases are due to penalty per violation and cleaning products, pet increased costs they may up to 1 year in prison food and veterinary not be liable. care, motor vehicle parts and repairs, building supplies and equipment, home improvement and maintenance, storage space, delivery (including shipping and handling), computers and related equipment and software, energy sources, batteries, internet and telecom, video streaming, website hosting, child care.

Massachusetts Code of Massachusetts "Any petroleum product; Declaration of Emergency; March 10, 2020 Unconscionability; defined Unconscionable only Up to $5,000 civil penalty Regulations (CMR): 940 amended by March 20 duration of the declared (Emergency Declared) as "gross disparity" from if "the disparity is not per violation. CMR 3.18; amended by emergency regulation emergency price prior to emergency substantially attributable emergency. issued by the Attorney or price readily obtainable to increased prices General to also include in the market. charged by the petroleum- ""goods or services related business suppliers necessary for the health, or increased costs due safety or welfare of the to an abnormal market public during a disruption." declared statewide or national emergency"""

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Michigan Michigan Compiled Laws All goods or services Statute is generally March 10, 2020 "[A] price that is grossly Ability to "demonstrate[] Civil penalty of up to § 445.903; also Executive applicable, no trigger (Emergency Declared) in excess of the price at that the price increase is $25,000 per violation. Order 2020-08 necessary; amplified by which similar property or attributable to an increase Executive Order services are sold," which in the cost of bringing the per Executive Order product to market." currently means "a person must not offer for sale or sell any product in this state at a price that is more than 20% higher than what the person offered or charged for that product as of March 9, 2020."

Minnesota Emergency Declaration Food, water, fuel, Declaration of Emergency; March 13, 2020 20% greater price than Pricing disparity is Up to $10,000 civil penalty gasoline, housing, shelter, duration of the declared (Emergency Declared) offered during the 30 "substantially attributable per transaction transportation, healthcare emergency days immediately prior to to significant additional goods and services, the declared emergency, costs outside the control pharmaceuticals, medical although prices below of the" seller supplies, and personal that threshold could still hygiene, sanitation and be found "unconscionably cleaning goods excessive"

Mississippi Mississippi Code §75-24-25 All goods or services Declaration of Emergency; March 14, 2020 Price "shall not exceed Price may include "any Up to $10,000 civil penalty duration of the declared (Emergency Declared) the prices ordinarily expenses, the cost of the per violation; chargeable emergency charged for comparable goods and services which as misdemeanor (up to goods or services in the are necessarily incurred $1,000 and 6 months in same market area at or in procuring such goods jail) or felony (1 to 5 years immediately before the and services during a state in prison and/or fine of up declaration of a state of emergency or local to $5,000) of emergency or local emergency." Also, "[t]he emergency." prices ordinarily charged for comparable goods or services in the same market area do not include temporarily discounted goods or services."

Missouri Missouri Revised Statutes "Necessity," which includes Declaration of Emergency; March 13, 2020 "Excessive" price or price Price may be justified Up to $1,000 civil penalty § 407.020; Missouri Code food, water, medical duration of the declared (Emergency Declared) that is "substantially above by the actual cost of per violation; may be of State Regulations treatment, sanitation, emergency the previous market price" acquiring, producing, charged as a Class D (CSR): 15 CSR 60-8.030 construction, repair and selling, transporting and felony (1-7 years in prison transportation delivering the product, and up to $10,000 fine) plus the seller's usual and customer profit margin prior to the emergency

Montana N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Nebraska N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Nevada N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

New Hampshire N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

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New Jersey New Jersey's Consumer Any "merchandise which Declaration of Emergency; March 9, 2020 (Emergency More than 10% greater Where the higher price is Up to $10,000 civil penalty Fraud Act, New Jersey is consumed or used duration of the declared Declared) than the price of the good attributable to additional for the first offense, and Statute § 56:8-107, et seq. as a direct result of an emergency or service immediately costs incurred by the seller up to $20,000 for each emergency or which is before the state of during the emergency subsequent offense consumed or used to emergency preserve, protect, or sustain the life, health, safety, or comfort of persons or their property"

New Mexico N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

New York New York General Business Any consumer goods Declaration of Emergency; March 7, 2020 (Emergency "Unconscionably Rebuttable by evidence Up to $25,000 civil penalty Law §396-r (general); § or services "vital and duration of the declared Declared) excessive," as measured costs not within seller's per violation 396-rr (price gouging necessary for the health, emergency by whether the excess is controls were imposed for milk) safety and welfare of "extreme," and whether the goods or services consumers: including there is unfair leverage or those used "primarily unconscionable means of for personal, family, or pricing. household purchases"

North Carolina N.C. Stat. §75-38 Any goods or services Declaration of a state of March 10, 2020 "Unreasonably excessive," Whether the price Up to $5,000 civil penalty used as a direct result of emergency or finding (Emergency Declared) measured in part by charged is attributable to per violation an emergency or used of abnormal market whether the price charged additional costs imposed to "preserve, protect, disruption "exceeds the seller's on the seller during the or sustain life, health, or average price in the triggering event; the price economic well-being of preceding 60 days before charged is attributable persons or their property." the triggering event." to fluctuations in the Applies to all parties within applicable commodity the chain of distribution. markets, market trends, or reasonable expenses and charges for the attendant business risk of procuring/ selling the good/service

North Dakota N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Ohio N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Oklahoma 15 Oklahoma Statutes 777.1, "Any goods, services, Declaration of Emergency; March 15, 2020 "A rate or price which is Increases attributable Up to $10,000 civil penalty et seq. dwelling units, or storage duration of emergency (Emergency Declared) more than ten percent "to price increases in per violations; chargeable space" plus 30 days for goods (10%) above the rate or applicable regional, as a misdemeanor (up to and services, plus 180 price charged by the national or international $1,000 fine and/or 1 year days for dwelling units and person for the same or petroleum commodity in jail) or felony (up to goods needed for repairs similar goods, services, markets" or "only to $5,000 fine and/or up to dwelling units, or storage factors unrelated to the 10 year in prison) spaces immediately prior emergency and does to the declaration of not include any increase emergency." in profit to the seller or owner."

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Oregon Oregon Revised Statutes § "Essential consumer goods Declaration of Emergency; March 8, 2020 (Emergency Unconscionability; prices 15% increase is not Private civil actions for 401.960, et seq. or services", which is duration of the declared Declared) exceeding those prior prima facie proof if "[a] damages defined as those "acquired emergency to emergency or those ttributable to additional primarily for personal, readily available in market costs imposed by the family or household by 15% are prima facie merchant's or wholesaler's purposes, including but proof of unconscionability. suppliers or necessarily not limited to residential incurred in procuring construction materials the essential consumer or labor, shelter for goods or services payment such as a hotel immediately prior to or room, food, water and during the declaration of petroleum products such an abnormal disruption of as gasoline or diesel fuel" the market; or the result or "are necessary for the of increased internal costs health, safety or welfare of or expenses related to the consumers." declaration of an abnormal disruption of the market or the result of increased costs unrelated to the declaration of an abnormal disruption of the market."

Pennsylvania Pennsylvania Statutes 73 Any consumer goods and Declaration of Emergency; March 6, 2020 (Emergency Unconscionability; prima Does not apply "if the Up to $10,000 civil penalty § 232.1 services (those primarily duration of the declared Declared) facie proof if "in excess increase in price is due per violation for household/personal emergency plus 30 days of 20% of the average to a disparity that is use) price at which the same substantially attributable or similar consumer to additional costs that goods or services were arose within the chain of obtainable in the affected distribution in connection area during the last seven with the sale of consumer days immediately prior goods or services, to the declared state of including replacement emergency." costs, credit card costs, taxes and transportation costs" or "to the sale of goods or services sold by a person pursuant to a tariff or rate approved by a Federal or Commonwealth agency with power and authority over sales of such goods or services."

Puerto Rico N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Rhode Island Rhode Island General Laws "Essential commodities", Declaration of Emergency; March 9, 2020 (Emergency Unconscionability; defined Not unconscionable if Up to $1,000 civil penalty § 6-13-21 which includes "any duration of the declared Declared) as "a gross disparity increase is "substantially per violation (and up to goods, services, materials, emergency between the average attributable to increased $25,000 in total penalties merchandise, supplies, prices at which the same cost to retailers, imposed for violations within any equipment, resources, or or similar commodity was by their suppliers, 24-hour period) other article of commerce, readily available and sold including replacement and includes, without or offered for sale within costs imposed by the limitation, home heating the local trade area in the vendors' source." Also, "the fuels, motor fuels, food, usual course of business average price calculation water, ice, chemicals, during the thirty (30) days during said thirty-day (30) petroleum products, and immediately before the period shall not include lumber necessary for declaration of the market discounted prices set and consumption or use as a emergency." offered as a result of bona direct result of the market fide manufacturer's or emergency" supplier's limited discounts or rebates."

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South Carolina S.C. Code Ann. § 39-5-145 Commodities (goods, Declaration of Emergency; March 13, 2020(Emergency "Unconscionable price" Price increases approved Misdemeanor punishable services, materials, duration of the declared Declared) means an amount charged by "an appropriate by a fine up to $1,000 and/ merchandise, supplies, emergency which "represents a government agency" or or 30-day imprisonment equipment, resources, gross disparity" against a "price increase that or other articles of the average price paid reflects the usual and commerce, and includes in the usual course of customary seasonal food, water, ice, chemicals, business during the 30 fluctuation in price of petroleum products, days immediately before the subject" or "sales and lumber essential for a declaration of a state of by growers, producers consumption or use as a emergency was declared or processors of raw or direct result of a declared processed food products, state of emergency); rental except for retail sales of and dwelling unit rates; those products to the hotel rates ultimate consumer within the area of the declared state of emergency or disaster"

South Dakota N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

Tennessee Tenn. Code § 47-18-5101 Consumer food items; Declaration of Emergency; March 12, 2020 Price "grossly in excess" An otherwise grossly Up to $1,000 civil penalty et seq. construction services; duration of the declared (Emergency Declared) of the price generally excessive price increase per violation emergency supplies; emergency charged for the same or is not unlawful if the medical supplies; building similar goods or services person charging the higher materials; gasoline; in the usual course of price establishes that transportation, freight, and business immediately prior the increase was directly storage services; housing to the events giving rise to attributable to additional the state of emergency. costs imposed on it by the supplier of goods or services, or was directly attributable to additional costs for labor or materials used to provide the goods and services

Texas Tex. Bus. & Com. Code § Fuel, food, medicine or Declaration of Emergency; March 13, 2020 "Exorbitant or excessive Per Attorney General Up to $20,000 civil 17.46(b) another "necessity" duration of the declared (Emergency Declared) price" guidance high prices alone penalty per violation emergency plus 30 days do not mean that price gouging has taken place, as businesses are generally allowed to determine the prices for their products

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Utah Utah Code § 13-41-101, Any retail goods and Declaration of Emergency; March 6, 2020 (Emergency “Excessive price” means a Excessive prices may Up to $5,000 civil penalty et seq. services duration of the declared Declared) price for a good or service be charged if cost of for the first violation and emergency that exceeds by more than obtaining the good or up to $10,000 for each 10% the average price providing the service additional violation charged by that person exceeds the average for that good or service cost to the person of in the 30-day period obtaining the good or immediately preceding the providing the service day on which the state of in the 30-day period emergency is declared. immediately preceding the day on which the state of emergency is declared and the price charged does not exceed the sum of (i) 10% above the total cost to that person of obtaining the good or providing the service and (ii) the person's customary mark- up. Additional exception for persons who have not sold goods or services during the 30-day period immediately preceding the day on which the state of emergency is declared, a price is not "excessive" if it does not exceed 30% of the person's total cost to obtain the good or service

Vermont Vt. Stat. Ann. tit. 9, § 2461d Fuel Declaration of Emergency; March 13, 2020 "Unconscionably high No Up to $10,000 civil penalty duration of the declared (Emergency Declared) price," defined as a gross per violation emergency plus the 7 days disparity between the that preceded it price charged and the price of the same product immediately prior to the emergency declaration or the price at which the same or similar products can readily be obtained in the same area, where the disparity is not attributable to increased cost.

Virginia Va. Code Ann. § 59.1-525, "Necessary goods and Declaration of Emergency; March 12, 2020 Prices are Considerations of Up to $2,500 civil penalty et seq. services" including water, duration of the declared (Emergency Declared) "unconscionable" if excessive pricing include per violation; Governor is ice, food, generators, emergency the post-disaster price whether price increases authorized to issue for a batteries, home repair charged by a supplier are attributable solely to period up to 30 days an materials and services, and grossly exceeds the price additional costs incurred emergency order directing tree removal services charged for the same or by the supplier reduction of price to the similar goods during the 10 prevailing price in the local days immediately prior to market the disaster

Washington N/A (legislation pending (S.B. 6699); typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

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West Virginia West Virginia Code § 46A- Consumer food items; Declaration of State March 4, 2020 (State 10% above the price If the price increase is Misdemeanor subject to up 6J-1, et seq. essential consumer items, of Preparedness or of Preparedness charged on the tenth day directly attributable to to $1,000 fine per offense, goods used for emergency Emergency; 30 days or Declared); March 16, 2020 prior to the declaration additional supplier costs plus up to 1 year in prison cleanup; emergency duration of the declared (Emergency Declared) or additional labor and supplies; medical supplies; emergency, whichever is materials costs, price home heating oil; building longer can be no more than 10% materials; housing; above total cost to the transportation; freight and seller plus the customary storage services; gasoline markup as of the tenth day or other motor fuels prior to the declaration. There is also a separate exception relating to gasoline or other motor fuels. If a discounted price was offered prior to the emergency, customary prices can be used as the measure.

Wisconsin Wis. Stat. Ann. §§ 100.305, Any consumer goods Declaration of Emergency; March 12, 2020 "Unreasonably excessive Does not apply if the Up to $10,000 civil penalty 106.01 or services (those that duration of the declared (Emergency Declared) prices" during a "period selling price does not per day are used primarily for emergency of abnormal economic exceed cost plus normal personal, family, or disruption," including no markup household purpose) price more than 15% above the highest price charged during the 60-day period preceding the emergency

Wyoming N/A (typical Unfair and Deceptive Trade Practices/Consumer Protection laws apply)

CURRENT LAWS AS OF MAY 6, 2020 1,100 lawyers | 21 offices| www.mcguirewoods.com KEY CONTACTS

ALEX J. BRACKETT KEVIN M. LALLY PARTNER PARTNER +1 804 775 4749 +1 213 457 9862 [email protected] [email protected] RICHMOND LOS ANGELES - DOWNTOWN

SARAH A. ZIELINSKI PARTNER +1 312 849 8288 [email protected] CHICAGO

CURRENT LAWS AS OF MAY 6, 2020 1,100 lawyers | 21 offices| www.mcguirewoods.com

05.06.20