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www.wpma.com / Fall 2026
Member News
Rules & Regulations
DIGITAL PRICING
DIGITAL PRICING
—Draws New Scrutiny
As a recent attendee of the
Idaho Petroleum Marketers &
Convenience Store Association
(IPM&CSA) Convention
in Coeur d’Alene, it was a pleasure to
spend a few days talking through the
regulatory issues on the minds of fuel
wholesalers, distributors, and retailers.
One topic that came up on the retail
side and that deserves wider attention
is the fast-moving policy debate over
so-called “surveillance pricing” or
“algorithmic pricing.”
The concern is straightforward: companies increas-
ingly use data collection technologies to adjust prices for
individual consumers, drawing on inputs like precise location,
browsing history, purchase history, and demographic data. This
practice is common-place now in a digitalized marketplace.
For regulators, this isn’t a theoretical concern anymore.
An Emerging
Regulatory Concern
In July 2024, the Federal Trade Com-
mission used its Section 6(b) investigative
authority to order eight data and pricing
intermediary firms to turn over information
on how they build and sell these pricing tools.
In January 2025, the FTC released a preliminary staff research
summary of its findings—an unusual step, since the underlying
6(b) study is still ongoing. The initial findings were attention-
grabbing: staff found that granular consumer behavior, down to
mouse movements on a webpage and items left in an abandoned
shopping cart, are being collected and used to tailor prices to
individual shoppers.
Since then, state attorneys general have picked up the thread—
California’s AG opened an investigation into surveillance pricing
in the retail, grocery, and hotel sectors in January 2026, and
New York’s AG has issued a consumer alert and opened her own
inquiry into a prominent company’s pricing disclosures. Since
then, more than 40 bills have been introduced across at least 24
states in 2026 alone—already surpassing all of 2025—targeting
personalized algorithmic pricing through disclosure mandates,
outright prohibitions, or sector-specific restrictions. New York’s
Algorithmic Pricing Disclosure Act took effect in November
2025, requiring a consumer-facing notice whenever a price was
set using an algorithm and personal data. New Jersey went fur-
ther this summer, enacting the Fair Price Protection Act, which
makes personalized algorithmic pricing an unlawful practice for
retail food stores. Maryland, Connecticut, Illinois, and a growing
list of others have advanced their own versions, with more states
expected to introduce bills in 2027 sessions.
Why This Matters
for Fuel Retailers
Here’s the hook members should pay
close attention to: these bills, as drafted,
tend to define “algorithmic” or “personal-
ized” pricing extremely broadly—broadly
enough that a plain reading could sweep in loyalty programs,
app-based fuel discounts, and other data-informed personaliza-
tion tools that fuel retailers have used for years to compete and
build customer relationships. Most of the bills that have moved
forward include express carve-outs for loyalty and rewards
programs, senior/veteran/teacher discounts, and similar bona
fide discount structures. But the carve-outs vary state to state,
and a bill drafted to catch big-data intermediaries in grocery or
hospitality doesn’t always draw a clean line around a fuel re-
tailer’s mobile app offering a member-only per-gallon discount.
Members running loyalty apps or personalized fuel pricing tools
should watch the exact statutory language in any state where they
operate, not just the headline intent.
EMA’s Position
The Energy Marketers of America
(EMA) is monitoring this issue closely as
it develops. The Association is generally
supportive of public policy that strengthens
consumer protection and privacy—those
are legitimate goals, and the underlying concerns about opaque,
individualized pricing are real. But regulatory intervention
should be narrowly tailored to the actual harm. It should not be
drafted so broadly that it sweeps in transparent, opt-in loyalty
programs and app-based discounts that benefit consumers and
that fuel marketers have relied on for years. As more states take
up this issue in 2027 sessions, EMA will continue to advocate for
that narrower approach, and we’ll keep members updated as the
legislative landscape develops.
S
Jorge Roman
Energy Marketers of
America (EMA)
Regulatory Associate
at Bassman, Mitchell,
Alfano & Leiter Chtd
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