Privacy Law Library

Protection From Predatory Pricing Act (dynamic pricing and personal data in food retail and delivery)

MD Protection From Predatory Pricing Act

Other · Artificial intelligence

This 2026 administration bill bars large grocery stores and food delivery apps from using consumers' personal data to charge an individual consumer a higher, personalized price for tax-exempt food (for example through AI-driven pricing), and from using protected-class data in a way that denies a consumer an advantage or privilege offered to others. Loyalty programs, cost- and location-based differences, consented data-for-price offers, and error corrections are excluded.

Where
Maryland
Citation
Md. Code, Com. Law §§ 13-321 to 13-322 (added by 2026 Md. Laws ch. 154)
Status
Enacted, not yet in force
In force since
2026-10-01
Enforced by
Consumer Protection Division, Office of the Attorney General
People can sue
No
Penalties
Unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act, subject to its civil penalty provisions but not its private right of action. The Attorney General must first issue a notice of violation and allow 45 days to cure.
Applies to
  • Food retailers operating establishments of at least 15,000 square feet that sell food exempt from sales and use tax
  • Third-party delivery service providers that facilitate delivery of tax-exempt food (not including food retailers)

Practices it requires

  • Do not engage in dynamic pricing, meaning a personalized price specific to a consumer based on the consumer's personal data (whether collected or purchased), or otherwise use personal data to set a higher price for tax-exempt food.Com. Law 13-321 (2026 Md. Laws ch. 154) · Only if: Exclusions for promotions, loyalty or subscription pricing, cost- or geography-based differences, consented data-for-price offers, pricing errors, and outage resets · From 2026-10-01
  • Do not use protected class data to offer, advertise, or sell a good or service where doing so withholds or denies an accommodation, advantage, or privilege provided to others.Com. Law 13-321 (2026 Md. Laws ch. 154) · From 2026-10-01

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Codified text was not yet on the online Code (fetched 2026-09-25). The chapter PDF's strike-through markup did not survive text extraction, so provisions were summarized from the DLS Fiscal and Policy Note. Exact subsection cites within 13-321/13-322 (and whether 13-322 holds the cure provision) should be confirmed once codified. | The chapter also lists Lab. & Empl. § 4-406 as added; its content was not reviewed.

Research reference, not legal advice.