Exec. Order #72 Does Not Allow For Price Gouging During Emergencies

Governor Tony Evers signed Executive Order #72 this week, declaring a State of Emergency in the State of Wisconsin. Coming on the heels of that Executive Order, the WI Department of Ag, Trade and Consumer Protection is enforcing Wisconsin’s price gouging statue until the emergency has ended. 

Under Section 100.305 of the Wisconsin Statutes and Chapter ATCP 106 of the DATCP’s Administrative Code, wholesalers and retailers in Wisconsin are generally prohibited from selling goods or services at prices that are more than 15% higher than pre-emergency prices. 

There are some significant and important exemptions which include: Price gouging does not occur when a price is set by law, or when the price increase is exempted by emergency declaration. Sellers MAY charge higher prices during a period of economic disruption as long as those price increases do not exceed the seller’s actual cost plus a reasonable markup. 

To report suspected price gouging, please contact DATCP’s Consumer Protection Hotline at [email protected] or 800-422-7128.