Maryland Predatory Pricing Act (surveillance pricing)
Maryland Protection From Predatory Pricing Act (HB 895)
Maryland · 2026 Md. Laws ch. 154 (HB 895)
- Status
- In effect
- Took effect
- October 1, 2026
- Applies to
- Food retailers (large establishments selling tax-exempt food) and third-party delivery service providers.
- Enforced by
- Maryland Office of the Attorney General (Consumer Protection Division) under the Maryland Consumer Protection Act.
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.
Who is protected: Consumers buying tax-exempt food from large food retailers and through third-party delivery services.
Legal 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).
Key facts
| Jurisdiction | Maryland |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | May 8, 2026 |
| Citation | 2026 Md. Laws ch. 154 (HB 895) |
| Private right of action | No, agency enforcement only |
| Penalties | As 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. |
| Topics | automated decision-making · consumer protection |
| Bill text | Maryland General Assembly — HB 895 (2026), Chapter 154 |
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