WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A)(1)–(7) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) "CONSENTConsent"Consent" has the meaning stated in § 14-4701 of this article.Md. Code, Com. Law § 13-321(A)(2)" HAS THE MEANING STATED IN § 14–4701 OF THIS ARTICLE. (3) (I) "DYNAMIC PRICINGDynamic pricing"Dynamic pricing" means the discriminatory practice of offering or setting a personalized price for a good or service that is specific to a consumer based on the consumer's personal data, regardless of whether the seller collected or purchased the personal data. "Dynamic pricing" does not include: 1. a price correction resulting from a pricing error; or 2. resetting a price following a system or network outage.Md. Code, Com. Law § 13-321(A)(3)" MEANS THE DISCRIMINATORY PRACTICE OF OFFERING OR SETTING A PERSONALIZED PRICE FOR A GOOD OR SERVICE THAT IS SPECIFIC TO A CONSUMER BASED ON THE CONSUMER'S PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: (i) De-identified data; or (ii) Publicly available information.Md. Code, Com. Law § 14-4701(w), REGARDLESS OF WHETHER THE SELLER COLLECTED OR PURCHASED THE PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: (i) De-identified data; or (ii) Publicly available information.Md. Code, Com. Law § 14-4701(w). (II) "DYNAMIC PRICINGDynamic pricing"Dynamic pricing" means the discriminatory practice of offering or setting a personalized price for a good or service that is specific to a consumer based on the consumer's personal data, regardless of whether the seller collected or purchased the personal data. "Dynamic pricing" does not include: 1. a price correction resulting from a pricing error; or 2. resetting a price following a system or network outage.Md. Code, Com. Law § 13-321(A)(3)" DOES NOT INCLUDE: 1. A PRICE CORRECTION RESULTING FROM A PRICING ERROR; OR 2. RESETTING A PRICE FOLLOWING A SYSTEM OR NETWORK OUTAGE. (4) "FOOD RETAILERFood retailer"Food retailer" means a merchant that operates a business establishment that: (I) has a minimum of 15,000 square feet; and (II) sells food that is exempt from the sales and use tax in accordance with § 11-206(c) of the Tax – General Article.Md. Code, Com. Law § 13-321(A)(4)" MEANS A MERCHANT THAT OPERATES A BUSINESS ESTABLISHMENT THAT: (I) HAS A MINIMUM OF 15,000 SQUARE FEET; AND (II) SELLS FOOD THAT IS EXEMPT FROM THE SALES AND USE TAX IN ACCORDANCE WITH § 11–206(C) OF THE TAX – GENERAL ARTICLE. (5) "PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: (i) De-identified data; or (ii) Publicly available information.Md. Code, Com. Law § 14-4701(w)" HAS THE MEANING STATED IN § 14–4701 OF THIS ARTICLE. (6) "PROTECTED CLASS DATAProtected class data"Protected class data" means information about an individual or group of individuals that, alone or in combination, directly or by implication identifies a characteristic that is legally protected from discrimination under the laws of the State or under federal law.Md. Code, Com. Law § 13-321(A)(6)" MEANS INFORMATION ABOUT AN INDIVIDUAL OR GROUP OF INDIVIDUALS THAT, ALONE OR IN COMBINATION, DIRECTLY OR BY IMPLICATION IDENTIFIES A CHARACTERISTIC THAT IS LEGALLY PROTECTED FROM DISCRIMINATION UNDER THE LAWS OF THE STATE OR UNDER FEDERAL LAW. (7) (I) "THIRD–PARTY DELIVERY SERVICE PROVIDER" MEANS A MERCHANT THAT FACILITATES AS A CONSUMER SERVICE THE DELIVERY OF FOOD THAT IS EXEMPT FROM THE SALES AND USE TAX IN ACCORDANCE WITH § 11–206(C) OF THE TAX – GENERAL ARTICLE. (II) "THIRD–PARTY DELIVERY SERVICE PROVIDER" DOES NOT INCLUDE A FOOD RETAILERFood retailer"Food retailer" means a merchant that operates a business establishment that: (I) has a minimum of 15,000 square feet; and (II) sells food that is exempt from the sales and use tax in accordance with § 11-206(c) of the Tax – General Article.Md. Code, Com. Law § 13-321(A)(4).
(B)(1) THIS SUBSECTION DOES NOT APPLY TO: (I) USING PROMOTIONAL PRICING OFFERS, LOYALTY PROGRAM BENEFITS, OR OTHER TEMPORARY DISCOUNTS OR CHANGES TO PRICING RELATED TO RETENTION OF EXISTING CUSTOMERS; (II) SETTING A DIFFERENT PRICE BASED ON OBJECTIVE COSTS ATTRIBUTABLE TO PROVIDING CONSUMER GOODS OR SERVICES TO DIFFERENT CONSUMERS, SUCH AS A DIFFERENCE IN PRICE CAUSED BY SHIPPING COSTS OR TAXES BASED ON A CONSUMER'S PHYSICAL LOCATION; (III) SETTING A DIFFERENT PRICE BASED ON COSTS OR DIFFERENCES IN SUPPLY OR DEMAND ASSOCIATED WITH PROVIDING OR SELLING A GOOD OR SERVICE IN DIFFERENT LOCATIONS OR GEOGRAPHIES; (IV) SETTING A DIFFERENT PRICE BASED ON COSTS ASSOCIATED WITH THE AVAILABILITY OR SUPPLY OF THE GOOD OR SERVICE; (V) OFFERING A PRICE TO A CONSUMER THROUGH A LOYALTY, MEMBERSHIP, OR REWARDS PROGRAM IN WHICH ANY CONSUMER MAY VOLUNTARILY ENROLL OR CONSENTConsent"Consent" has the meaning stated in § 14-4701 of this article.Md. Code, Com. Law § 13-321(A)(2) TO PARTICIPATE; (VI) OFFERING A PRICE TO A CONSUMER IN CONNECTION WITH A SUBSCRIPTION–BASED CONTRACT OR AGREEMENT; (VII) OFFERING A PRICE TO A CONSUMER WHO CONSENTSConsent"Consent" has the meaning stated in § 14-4701 of this article.Md. Code, Com. Law § 13-321(A)(2) TO PROVIDING PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: (i) De-identified data; or (ii) Publicly available information.Md. Code, Com. Law § 14-4701(w) OR OTHER INFORMATION IN EXCHANGE FOR OBTAINING THE PRICE; (VIII) CORRECTING A PRICE RESULTING FROM A PRICING ERROR; OR (IX) RESETTING A PRICE FOLLOWING A SYSTEM OR NETWORK OUTAGE.
(B)(2) 1 A FOOD RETAILERFood retailer"Food retailer" means a merchant that operates a business establishment that: (I) has a minimum of 15,000 square feet; and (II) sells food that is exempt from the sales and use tax in accordance with § 11-206(c) of the Tax – General Article.Md. Code, Com. Law § 13-321(A)(4) OR THIRD–PARTY DELIVERY SERVICE PROVIDER MAY NOT: (I) ENGAGE IN DYNAMIC PRICINGDynamic pricing"Dynamic pricing" means the discriminatory practice of offering or setting a personalized price for a good or service that is specific to a consumer based on the consumer's personal data, regardless of whether the seller collected or purchased the personal data. "Dynamic pricing" does not include: 1. a price correction resulting from a pricing error; or 2. resetting a price following a system or network outage.Md. Code, Com. Law § 13-321(A)(3) TO SET A HIGHER PRICE FOR FOOD THAT IS EXEMPT FROM THE SALE AND USE TAX IN ACCORDANCE WITH § 11–206(C) OF THE TAX – GENERAL ARTICLE FOR A SPECIFIC CONSUMER; OR (II) USE PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: (i) De-identified data; or (ii) Publicly available information.Md. Code, Com. Law § 14-4701(w) TO SET A HIGHER PRICE FOR FOOD THAT IS EXEMPT FROM THE SALE AND USE TAX UNDER § 11–206(C) OF THE TAX – GENERAL ARTICLE FOR A SINGLE CONSUMER OR A GROUP OF CONSUMERS.
(C) 2 A FOOD RETAILERFood retailer"Food retailer" means a merchant that operates a business establishment that: (I) has a minimum of 15,000 square feet; and (II) sells food that is exempt from the sales and use tax in accordance with § 11-206(c) of the Tax – General Article.Md. Code, Com. Law § 13-321(A)(4) OR THIRD–PARTY DELIVERY SERVICE PROVIDER MAY NOT USE PROTECTED CLASS DATAProtected class data"Protected class data" means information about an individual or group of individuals that, alone or in combination, directly or by implication identifies a characteristic that is legally protected from discrimination under the laws of the State or under federal law.Md. Code, Com. Law § 13-321(A)(6) TO OFFER, ADVERTISE, OR SELL A CONSUMER GOOD OR SERVICE TO A CONSUMER FOR WHOM THE PROTECTED CLASS DATAProtected class data"Protected class data" means information about an individual or group of individuals that, alone or in combination, directly or by implication identifies a characteristic that is legally protected from discrimination under the laws of the State or under federal law.Md. Code, Com. Law § 13-321(A)(6) PERTAINS IF THE USE OF THE PROTECTED CLASS DATAProtected class data"Protected class data" means information about an individual or group of individuals that, alone or in combination, directly or by implication identifies a characteristic that is legally protected from discrimination under the laws of the State or under federal law.Md. Code, Com. Law § 13-321(A)(6) HAS THE EFFECT OF WITHHOLDING OR DENYING FROM THE CONSUMER AN ACCOMMODATION, AN ADVANTAGE, OR A PRIVILEGE ACCORDED TO OTHERS.
(D) BEFORE INITIATING AN ENFORCEMENT ACTION UNDER SUBTITLE 4 OF THIS TITLE FOR A VIOLATION OF THIS SECTION, THE DIVISION SHALL ISSUE A NOTICE OF VIOLATION TO THE ALLEGED VIOLATOR. (2) THE DIVISION SHALL PROVIDE THE ALLEGED VIOLATOR 45 DAYS AFTER THE NOTICE OF VIOLATION IS RECEIVED TO CURE THE VIOLATION. (3) IF THE ALLEGED VIOLATOR CURES THE VIOLATION WITHIN THE TIME PERIOD SPECIFIED UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE DIVISION MAY NOT INITIATE AN ENFORCEMENT ACTION FOR A VIOLATION OF THIS SECTION.
(E) THIS SECTION MAY NOT BE CONSTRUED TO AUTHORIZE A PRIVATE RIGHT OF ACTION UNDER THIS SECTION OR ANY OTHER LAW.
This section is the core operative provision. It prohibits food retailers and third-party delivery service providers from two distinct pricing practices with respect to sales-tax-exempt food: engaging in dynamic pricing to set a higher price for a specific consumer, and using personal data to set a higher price for a consumer or group of consumers. It separately prohibits these entities from using protected class data to offer, advertise, or sell any consumer good or service where doing so has the effect of withholding or denying an accommodation, advantage, or privilege accorded to others.
The section includes a broad set of carve-outs from the dynamic pricing and personal data pricing prohibitions, covering loyalty programs, subscription pricing, supply-and-demand-based geographic differences, cost-based differences, pricing errors, and system outages. Enforcement is through the Division of Consumer Protection, but the Division must first issue a notice of violation and allow 45 days to cure before taking action. The section expressly bars any private right of action.
(a) THIS SECTION DOES NOT APPLY TO A VIOLATION OF § 13–321 OF THIS TITLE.
(B)–(E) In addition to any action by the Division or Attorney General authorized by this title and any other action otherwise authorized by law, any person may bring an action to recover for injury or loss sustained by him as the result of a practice prohibited by this title. (C) Any person who brings an action to recover for injury or loss under this section and who is awarded damages may also seek, and the court may award, reasonable attorney's fees. (D) If it appears to the satisfaction of the court, at any time, that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees. (E) Notwithstanding any other provision of this section, a person may not bring an action under this section to recover for injuries sustained as a result of the professional services provided by a health care provider, as defined in § 3–2A–01 of the Courts Article.
This section amends the existing private right of action provision of the Maryland Consumer Protection Act to expressly exclude violations of § 13-321 from its scope. The existing private right of action — allowing any person to bring an action to recover for injury or loss sustained as a result of a prohibited practice — continues to apply to all other Consumer Protection Act violations.
(A) THIS SECTION DOES NOT APPLY TO A VIOLATION OF § 13–321 OF THIS TITLE.
(B)–(C) Except as provided in subsection (C) of this section, any person who violates any provision of this title is guilty of a misdemeanor and, unless another criminal penalty is specifically provided elsewhere, on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year or both, in addition to any civil penalties. (C) A person may not be imprisoned for violation of any provision of an order of the Attorney General or an agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article.
This section amends the existing criminal penalty provision of the Maryland Consumer Protection Act to expressly exclude violations of § 13-321 from criminal liability. The general misdemeanor penalty (fine not exceeding $1,000 or imprisonment not exceeding one year, or both) continues to apply to other Consumer Protection Act violations.