price gouging (a) Violation Selling, or offering for sale, essential goods and services, in or affecting commerce, at an unconscionably excessive price during, or in anticipation of, a natural disaster, pandemic, or state of emergency, shall constitute an unfair or deceptive act or practice under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ). (b) Civil action (1) In general If the Commission has reason to believe that there has been a violation of section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) under subsection (a) of this section, the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States. (2) Presumption In a civil action under paragraph (1), the price of an essential good or service shall be presumed to be an unconscionably excessive price if the price charged or offered by the defendant during, or in anticipation of, a natural disaster, pandemic, or state of emergency, exceeded by 20 percent the greater of— (A) the average price charged by the defendant for the essential good or service during the preceding 60 days before the public could reasonably have anticipated the natural disaster, pandemic, or state of emergency