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)–(6) 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. The use of promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers; 2. A difference in 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; 3. A difference in price based on costs or differences in supply or demand associated with providing or selling a good or service in different locations or geographies; 4. A difference in price based on costs associated with the availability or supply of the good or service; 5. A price offered to a consumer through a loyalty, membership, or rewards program in which any consumer may voluntarily enroll or consent to participate; 6. A price offered to a consumer in connection with a subscription-based contract or agreement; 7. A price offered to a consumer who consents to providing personal data or other information in exchange for obtaining the price; 8. A price correction resulting from a pricing error; or 9. 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" has the meaning stated in § 14–4701 of this article. (Per § 14-4701(w): "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 § 13-321(A)(5), regardless of whether the seller collected or purchased the personal dataPersonal data"Personal data" has the meaning stated in § 14–4701 of this article. (Per § 14-4701(w): "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 § 13-321(A)(5). (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. The use of promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers; 2. A difference in 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; 3. A difference in price based on costs or differences in supply or demand associated with providing or selling a good or service in different locations or geographies; 4. A difference in price based on costs associated with the availability or supply of the good or service; 5. A price offered to a consumer through a loyalty, membership, or rewards program in which any consumer may voluntarily enroll or consent to participate; 6. A price offered to a consumer in connection with a subscription-based contract or agreement; 7. A price offered to a consumer who consents to providing personal data or other information in exchange for obtaining the price; 8. A price correction resulting from a pricing error; or 9. Resetting a price following a system or network outage.Md. Code, Com. Law § 13-321(A)(3)" does not include: 1. The use of promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers; 2. A difference in 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; 3. A difference in price based on costs or differences in supply or demand associated with providing or selling a good or service in different locations or geographies; 4. A difference in price based on costs associated with the availability or supply of the good or service; 5. A price offered 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; 6. A price offered to a consumer in connection with a subscription–based contract or agreement; 7. A price offered 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" has the meaning stated in § 14–4701 of this article. (Per § 14-4701(w): "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 § 13-321(A)(5) or other information in exchange for obtaining the price; 8. A price correction resulting from a pricing error; or 9. 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" has the meaning stated in § 14–4701 of this article. (Per § 14-4701(w): "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 § 13-321(A)(5)" has the meaning stated in § 14–4701 of this article. (6) (I) "Third–party food delivery service provider" means a merchant that provides 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 food 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).
Subsection (A) establishes the defined terms for the new section. The most significant is dynamic pricing, which the amended bill defines as the discriminatory practice of offering or setting a personalized price based on a consumer's personal data — a substantially narrower definition than the originally introduced version, which targeted real-time demand-based price variation. The definition includes nine carve-outs covering loyalty programs, geographic cost differentials, subscription pricing, and consent-based data-for-price exchanges. Food retailer is limited to merchants with establishments of at least 15,000 square feet selling tax-exempt food. Third-party food delivery service provider covers delivery merchants but excludes food retailers themselves.
(B)(1) 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 food delivery service provider may not: (1) 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. The use of promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers; 2. A difference in 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; 3. A difference in price based on costs or differences in supply or demand associated with providing or selling a good or service in different locations or geographies; 4. A difference in price based on costs associated with the availability or supply of the good or service; 5. A price offered to a consumer through a loyalty, membership, or rewards program in which any consumer may voluntarily enroll or consent to participate; 6. A price offered to a consumer in connection with a subscription-based contract or agreement; 7. A price offered to a consumer who consents to providing personal data or other information in exchange for obtaining the price; 8. A price correction resulting from a pricing error; or 9. Resetting a price following a system or network outage.Md. Code, Com. Law § 13-321(A)(3) to increase a price for consumer goods or services for a specific consumer;
(B)(2) 2 Use personal dataPersonal data"Personal data" has the meaning stated in § 14–4701 of this article. (Per § 14-4701(w): "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 § 13-321(A)(5) to increase a price for consumer goods or services for a single consumer or a group of consumers.
Subsection (B) contains the bill's core prohibitions. It bars food retailers and third-party food delivery service providers from two distinct practices: (1) engaging in dynamic pricing to increase a price for consumer goods or services for a specific consumer, and (2) using personal data to increase a price for consumer goods or services for a single consumer or a group of consumers. The second prohibition operates independently of the dynamic pricing definition — even if a pricing practice does not meet the definition of dynamic pricing, using personal data to increase prices is separately prohibited.
(C) 3 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 food delivery service provider may not use protected class data to offer, advertise, or sell a consumer good or service to a consumer for whom the protected class data pertains if the use of the protected class data has the effect of withholding or denying from the consumer an accommodation, an advantage, or a privilege accorded to others.
Subsection (C) adds a distinct anti-discrimination obligation: food retailers and third-party food delivery service providers may not use protected-class data to offer, advertise, or sell a consumer good or service if doing so has the effect of withholding or denying from the consumer an accommodation, advantage, or privilege accorded to others. This is a disparate-impact standard — it does not require intent, only discriminatory effect. The provision reaches beyond pricing to cover offering, advertising, and selling generally.
(D)(1)–(3) 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.
Subsection (D) establishes the enforcement mechanism and a mandatory 45-day cure period. Before the Division of Consumer Protection may initiate an enforcement action under Subtitle 4 for a violation of § 13-321, it must issue a notice of violation to the alleged violator. The violator then has 45 days to cure. If cured within that window, the Division may not proceed with enforcement. This is a significant safe harbor that applies to all obligations under the section.
(E) This section may not be construed to authorize a private right of action under this section or any other law.
Subsection (E) expressly bars any private right of action under § 13-321 or any other law. This is an unusually broad preclusion — it does not merely decline to create a private right of action but affirmatively prohibits construing the section or any other law as authorizing one. This means indirect enforcement theories (e.g., through the general private right of action in § 13-408) are also foreclosed, which the amendments to § 13-408 and § 13-411 confirm.
(a) This section does not apply to a violation of § 13–321 of this title.
The bill amends the existing private right of action provision of the Maryland Consumer Protection Act to add new subsection (a) excluding violations of § 13-321 from the private suit mechanism. The existing provisions — allowing any person to bring an action for injury or loss, recovering attorney's fees, and the health care provider exception — are re-lettered but otherwise unchanged. This amendment reinforces the § 13-321(E) bar on private enforcement.
(A) This section does not apply to a violation of § 13–321 of this title.
The bill amends the existing criminal penalty provision of the Maryland Consumer Protection Act to add new subsection (A) excluding violations of § 13-321 from criminal prosecution. The existing misdemeanor penalty (fine up to $1,000, imprisonment up to one year, or both) applies to other Consumer Protection Act violations but not to the new dynamic pricing and personal data pricing prohibitions.