Law / United States / Maryland
HB 895 / Ch. 154 (2026), Surveillance Pricing and Algorithmic Price Disclosure (Protection from Predatory Pricing Act)
Md. Code Ann., Com. Law §§13-321, 13-322
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force in 15 days, effective 1 October 2026.
An AI prohibited practices rule binding private bodies.
As of 8 September 2026.
What it requires
- This law is enacted but does not take effect until October 1, 2026; what follows applies from that date.
- If you are a food retailer operating a business establishment of at least 15,000 square feet that sells food exempt from the state sales and use tax, or a third-party service that facilitates delivery of that food, do not engage in dynamic pricing (offering a personalized price to a consumer based on the consumer's personal data, including through artificial intelligence or models that retrain or recalibrate in near real time) or use surveillance personal data to set a higher price for that food for a specific consumer or group of consumers.
- If you are any other merchant and you set the price of a consumer good or service using dynamic pricing or personal data, and you then advertise, label, or otherwise communicate that price, include a clear and conspicuous disclosure stating: "This price was set by an algorithm or by using your personal data."
- This disclosure duty does not apply to conduct regulated under the Insurance Article, to a financial institution or its affiliate subject to Title V of the Gramm-Leach-Bliley Act, to a food retailer or delivery provider already covered by the dynamic-pricing ban, or to a lower price offered to a consumer who is an employee of the merchant.
- Neither provision creates a private right of action; the Division of Consumer Protection must give 45 days' written notice and an opportunity to cure before bringing an enforcement action.
If you get it wrong
Criminal exposureNo
Private right of actionNo
Penalty structure
A civil fine not exceeding $10,000 applies to each violation; a merchant found to have violated the title who repeats the same violation is subject to a civil fine not exceeding $25,000 for each subsequent violation, recoverable by the State in a civil action or an administrative cease-and-desist proceeding.
- Rule
- Per violation only
- As of
- 8 September 2026
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
Division of Consumer Protection, Office of the Attorney General
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Enacted April 28, 2026 as Chapter 154 and taking effect October 1, 2026, this law bars a food retailer (a business establishment of at least 15,000 square feet that sells food exempt from the state sales and use tax) and a third-party food delivery service provider from engaging in dynamic pricing, offering a price personalized to a consumer based on the consumer's personal data, including through artificial intelligence or models that retrain or recalibrate in near real time, or from using surveillance personal data to set a higher price for that food for a specific consumer or group of consumers.
Separately, any other merchant that sets the price of a consumer good or service using dynamic pricing or personal data and then advertises, labels, or otherwise communicates that price must include a clear and conspicuous disclosure stating that the price was set by an algorithm or by using the consumer's personal data; this broader disclosure duty exempts conduct regulated under the Insurance Article, a financial institution subject to the Gramm-Leach-Bliley Act, a food retailer already covered by the dynamic-pricing ban, and a lower price offered to a merchant's own employee.
Neither provision creates a private right of action. Before bringing an enforcement action, the Division of Consumer Protection must give 45 days' written notice and an opportunity to cure. A violation is subject to a civil fine of up to $10,000 per violation, rising to $25,000 for a repeat violation.
When LexLint raises it
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