Protection From Predatory Pricing Act (H.B. 895 / S.B. 387, Chapter 154 of 2026): ban on personalized (surveillance) pricing of groceries by food retailers and delivery services

Summary

Maryland prohibited large food retailers (establishments of at least 15,000 square feet that sell tax-exempt food) and third-party food delivery services from using dynamic pricing, defined as offering or setting a personalized price specific to a consumer based on that consumer's personal data, to set a higher price for tax-exempt food for a specific consumer, and from using personal data to set a higher food price for a consumer or group. They may not use protected-class data where doing so withholds or denies an accommodation, advantage or privilege accorded to others. Promotional and loyalty pricing, cost- and location-based differences, subscription prices, consented data exchanges, price-error corrections and outage resets are excluded. A broader version that would have reached all merchants and required an algorithmic-pricing disclosure was narrowed during passage. Violations are unfair, abusive or deceptive trade practices under the Maryland Consumer Protection Act; the Consumer Protection Division must give notice and 45 days to cure before enforcement, and there is no private right of action. The act also bars food retailers from making changes that impair rights under existing collective bargaining agreements unless negotiated.

Key dates

1. April 28, 2026Enacted
2. October 1, 2026Takes effect
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Prohibiting a food retailer and a third-party delivery service provider from engaging in the practice of dynamic pricing or using consumer personal data to set a price for consumer goods or services

   Supports: Synopsis of the enacted bill

   Approved by the Governor – Chapter 154

   Supports: Chapter number

   Effective Date(s): October 1, 2026

   Supports: Effective date

   HB0895 (2026 Regular Session) Maryland General Assembly Primary source

2. (Protection From Predatory Pricing Act)

   Supports: Short title

   PROVIDER MAY NOT USE PROTECTED CLASS DATA TO OFFER, ADVERTISE, OR SELL

   Supports: Protected-class data restriction

   THE DIVISION SHALL PROVIDE THE ALLEGED VIOLATOR 45 DAYS AFTER THE NOTICE OF VIOLATION IS RECEIVED TO CURE THE VIOLATION.

   Supports: Cure period

   Approved by the Governor, April 28, 2026.

   Supports: Approval date

   Chapter 154 of 2026 (H.B. 895), Protection From Predatory Pricing Act Maryland General Assembly Primary source

3. Covered businesses may not use "dynamic pricing," defined as the practice of using a consumer's personal data to set a personalized price for a good or service, to set a higher price for food items.

   Supports: Final prohibition and definition

   Language initially present in the bill would have applied pricing restrictions to all "merchants" dealing in consumer goods and services; this was removed.

   Supports: Narrowing during passage

   Maryland Enacts Food-Sector Personalized Pricing Law Greenberg Traurig Reporting or analysis