Virginia's Post-Disaster Anti-Price Gouging Act controls complaints about excessive prices on essential goods and services, but only during a declared state of emergency by the Governor or President. Price gouging occurs if the charged price grossly exceeds the price at which the same or similar items were readily obtainable in the trade area during the 10 days immediately prior to the disaster. For gasoline and motor vehicle fuels, submit a report using the VDACS form. For other covered items like water, ice, food, generators, batteries, home repair materials/services, or tree removal, contact the Virginia Attorney General's Consumer Protection Section through the oag.state.va.us Citizen Resources page or email [email protected]. Violations fall under Virginia Consumer Protection statutes (§ 59.1-200 and Chapter 17 § 59.1-196 et seq.). This process does not apply to general high prices outside emergencies.
When Virginia's Price Gouging Law Applies
The law activates for disasters, emergencies, or major disasters that prompt a state of emergency declaration by the Governor or President. It targets essential goods and services needed in the aftermath, such as gasoline, water, ice, food, generators, batteries, home repair materials/services, and tree removal.
To qualify as price gouging, the price must grossly exceed what was available in the local trade area during the 10 days before the disaster. Official evidence does not confirm specific thresholds for "grossly exceeds," leaving determination to enforcement review.
| Coverage Aspect | Details |
|---|---|
| Activation Trigger | Declared state of emergency by Governor or President |
| Price Test | Grossly exceeds trade area price from 10 days pre-disaster |
| Examples of Covered Goods/Services | Gasoline/fuels (VDACS); water, food, generators, batteries, repair services (Attorney General) |
Official Complaint Process by Product Type
Separate routes exist based on product type. For gasoline and motor vehicle fuels, use the VDACS reporting form at www.vdacs.virginia.gov/pdf/pricegouging.pdf, which VDACS investigates.
For other goods and services, submit to the Virginia Attorney General's Consumer Protection Section. Access the complaint form or details via the oag.state.va.us Citizen Resources section or email [email protected].
Gather evidence before reporting:
- Charged price and date/location of purchase (receipts, photos)
- Comparison prices from the same trade area during the 10 days pre-disaster (ads, receipts, online listings)
- Seller details (name, address, contact)
| Product Type | Reporting Route | Agency |
|---|---|---|
| Gasoline/Motor Fuels | VDACS form: www.vdacs.virginia.gov/pdf/pricegouging.pdf | VDACS |
| Other Essentials (e.g., food, generators, repair services) | oag.state.va.us Citizen Resources or [email protected] | Attorney General Consumer Protection Section |
Enforcement proceeds under Virginia Consumer Protection provisions.
What Does Not Control Price Gouging Complaints
This state law does not cover routine price increases unless tied to a declared emergency. Merchant refund policies, credit card billing disputes, or chargebacks operate separately and do not address price gouging violations under this Act. Federal FTC guidance on pricing plays no direct enforcement role here, as Virginia's law applies during state-activated emergencies.
BBB complaints or general consumer forums provide no official enforcement path under this Act.
FAQ
Is there a deadline to file a price gouging complaint in Virginia?
Official evidence does not confirm a specific filing deadline.
What evidence is needed for a Virginia price gouging report?
Include charged price with receipts/photos, pre-disaster comparison prices from the trade area (10 days prior), and seller details.
Does Virginia's law guarantee refunds for price gouging?
Official sources do not confirm individual consumer refunds; enforcement targets violations under consumer protection statutes.
Who enforces price gouging outside fuel complaints?
Virginia Attorney General's Consumer Protection Section handles non-fuel reports.
Can I report price gouging if no emergency is declared?
No, the law applies only during declared states of emergency by the Governor or President.
Check for an active emergency declaration before reporting. Verify current trade area prices and gather dated evidence matching the 10-day pre-disaster window.