HomeLegal DirectoryMaryland Predatory Pricing Act (surveillance pricing)

Enacted (not yet in effect) Limited protection

Maryland Protection From Predatory Pricing Act (HB 895)

Maryland · 2026 Md. Laws ch. 154 (HB 895)

This law bars food retailers and third-party delivery service providers from using a consumer's personal data or dynamic (surveillance) pricing to set a higher price for tax-exempt food for a specific consumer. It also prohibits using protected-class data to offer, advertise, or sell goods in a way that withholds an accommodation or advantage from the consumer the data pertains to. Violations are treated as unfair, abusive, or deceptive trade practices under the Maryland Consumer Protection Act.

Technical detail

2026 Md. Laws ch. 154 (HB 895) prohibits food retailers and third-party delivery service providers from using personal data or dynamic pricing to set higher consumer-specific prices for tax-exempt food, and from using protected-class data to withhold an advantage, enforced as a Maryland Consumer Protection Act violation (excluding that Act's private-right-of-action provisions).

Who is protected: Consumers buying tax-exempt food from large food retailers and through third-party delivery services.

Who must comply: Food retailers (large establishments selling tax-exempt food) and third-party delivery service providers.

Key facts

JurisdictionMaryland
LevelState
StatusEnacted (not yet in effect)
Protection strengthLimited protection
Effective date2026-10-01
Enacted2026-05-08
Citation2026 Md. Laws ch. 154 (HB 895)
Enforced byMaryland Office of the Attorney General (Consumer Protection Division) under the Maryland Consumer Protection Act.
Private right of actionNo — agency enforcement only
PenaltiesAs a Maryland Consumer Protection Act violation: a civil penalty of up to $10,000 for each violation and up to $25,000 for each repetition of the same violation.
Topicsautomated decision-making · consumer protection
Last verified2026-06-16
Official sourceMaryland General Assembly — HB 895 (2026), Chapter 154 ↗

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