ah, yes, that particular angle could probably use some more research. I haven't read the consumer financial protection bills, but then again most legislators probably haven't either, and there certainly could be some loopholes that someone is trying to exploit right now.

Also important to note that most merchants opted NOT to switch to charging extra because it would have upset their customers, so really, by allowing that in the past, it primed consumers to expect the same price for both. Tricky devils...