Recent Cases Highlight Limitations In Price-gouging Enforcement

While state attorneys general continue to actively pursue price-gouging¹ investigations against individuals and entities, courts seem to be taking a different, more business-friendly approach, highlighting the fact that price-gouging laws are subject to limitations. State attorneys general have taken a strong stance against price gouging in the United States since the start of the global pandemic. On March 25, 2020, 33 state attorneys general wrote letters to a number of large online platforms asking them to more rigorously monitor price-gouging practices by online sellers using their services.² Cases filed by attorneys general in response to these and other price-gouging practices are now progressing through the court system.