West Virginia price gouging laws are currently NOT in effect.
West Virginia's price gouging laws go into effect in two situations:
- The Governor declares a state of emergency*
- The Governor declares a state of preparedness*
These declarations remain in effect for thirty (30) days, though the Governor has the authority to shorten or extend this time period as circumstances warrant. Outside of these declared periods, price gouging laws do not apply, and sellers may establish prices according to market conditions.
Under West Virginia's price gouging statute, business, contractors and other entities are prohibited from increasing prices for vital and necessary goods and services by more than ten percent (10%) above the prices that were in effect ten (10) days prior to the emergency preparedness declaration. This restriction applies to any good or service that is deemed essential for the health, safety and welfare of consumer during the declared period.
The law does provide an exception to the ten percent price limitation. Sellers may exceed this cap when the price increase can be directly attributed to additional costs imposed by their supplies or to increased labor and material costs required to provide the service, provided these increases include only the seller's customary markup.
Violations of West Virginia's price gouging laws constitute a misdemeanor offense. Upon conviction, violators face penalties that may include a fine of up to one thousand dollars ($1,000), imprisonment in the county or regional jail for up to one (1) year or both fine and imprisonment.
The complete text of West Virginia's price gouging statue is available for detailed review in the state code.
*WV Code 46J-6A-3 (d) Whenever the Governor declares a state of preparedness, the provisions of this article only apply to those items or services specifically set forth in the proclamation. *Additionally, price gouging laws go into effect when the Governor declares a state of preparedness and identifies specifically enumerated items or services subject to the price gouging restrictions.