Exemptions

Are Loyalty Program Prices Exempt from Surveillance Pricing Laws?

Generally yes, with conditions. Maryland, Connecticut and New Jersey all exempt loyalty or rewards programs in some form, and New York’s pending bill does too. New Jersey’s exemption requires voluntary opt-in and uniform member benefits.

Last verified Oct 6, 2026 · Not legal advice

Which States Exempt Loyalty Programs?

MarylandLoyalty, membership and rewards programs exempt
ConnecticutLoyalty programs consumers affirmatively join are exempt; terms must be posted on the website
New JerseyOpt-in loyalty programs with uniform benefits and disclosed data practices
New York (bill)Loyalty, membership and rewards programs exempt

When Is Loyalty Pricing Still Covered?

Consumer groups argue that loyalty programs can be surveillance pricing in disguise when members see different prices based on their data. A program whose benefits are the same for every member who meets published criteria is easier to defend.

Laws Cited in This Guide

  • Maryland HB 895

    Since October 1, 2026, Maryland bars large food retailers and third-party delivery services from using dynamic pricing or personal data to charge a consumer a higher price for tax-exempt food.

  • Connecticut P.A. 26-64

    Since October 1, 2026, Connecticut bars retail sellers and third-party delivery services from surveillance pricing: setting a customized price for a consumer based on personal data collected through technology.

  • Connecticut P.A. 26-130

    From July 1, 2027, a revised Connecticut law bars retail sellers and third-party delivery services from setting a customized price for “a consumer or group of consumers” based on personal data collected through technology.

  • New Jersey Fair Price Protection Act

    From August 1, 2027, New Jersey bans surveillance pricing for groceries and household goods under its Consumer Fraud Act.

  • NY One Fair Price Act

    New York’s One Fair Price Act would ban surveillance pricing, meaning prices set wholly or partly by an algorithm that uses personal data to charge different customers different prices.