Maryland: Food Retailers and Third-Party Delivery Service Providers - Dynamic Pricing and Personal Data (Protection From Predatory Pricing Act)

1. 1 AN ACT concerning
2. 2 Food Retailers – Dynamic Pricing, Surveillance Data, and Collective Bargaining
3. 3 Agreements
4. 4 Consumer Protection – Price Setting of Consumer Goods and Services and Use
5. 7 FOR the purpose of prohibiting a food retailer and a third–party food delivery service
6. 2 HOUSE BILL 895
7. 4 BY adding to
8. 5 Article – Commercial Law
9. 6 Section 13–321 and 13–322
10. 7 Annotated Code of Maryland
11. 10 Article – Commercial Law
12. 11 Section 13–408 and 13–411
13. 12 Annotated Code of Maryland
14. 15 Article – Commercial Law
15. 16 Section 14–4701(a) and (w)
16. 17 Annotated Code of Maryland
17. 19 BY adding to
18. 20 Article – Labor and Employment
19. 21 Section 4–406
20. 22 Annotated Code of Maryland
21. 25 Article – Tax – General
22. 26 Section 11–206(c)
23. 27 Annotated Code of Maryland
24. 31 Article – Commercial Law
25. 2 VARYING THE PRICES OF CONSUMER GOODS OR SERVICES WITHIN A THE SAME
26. 3 BUSINESS DAY BASED ON DEMAND OR OTHER FACTORS, INCLUDING THROUGH THE
27. 4 USE OF ARTIFICIAL INTELLIGENCE OR MODELS THAT RETRAIN OR RECALIBRATE
28. 8 LOYALTY PROGRAM BENEFITS, OR OTHER TEMPORARY DISCOUNTS OR CHANGES TO
29. 11 ATTRIBUTABLE TO PROVIDING CONSUMER GOODS OR SERVICES TO DIFFERENT
30. 12 CONSUMERS, SUCH AS A DIFFERENCE IN PRICE CAUSED BY SHIPPING COSTS OR
31. 15 THROUGH A CLEAR AND CONSPICUOUS DISCLOSURE ON A MERCHANT’S WEBSITE
32. 16 THAT LISTS ALL ELIGIBILITY CRITERIA, THE AVAILABLE DISCOUNT, AND ANY
33. 18 A. BASED
34. 19 CRITERIA THAT ANY CONSUMER COULD SATISFY, SUCH AS AN ELECTION TO RECEIVE
35. 22 GROUP, INCLUDING TEACHERS, ACTIVE OR RETIRED SERVICE MEMBERS, SENIOR
36. 23 CITIZENS, STUDENTS, OR RESIDENTS OF A CERTAIN AREA BASED ON PUBLICLY
37. 24 DISCLOSED ELIGIBILITY CRITERIA; OR
38. 25 C. OFFERED THROUGH A LOYALTY, MEMBERSHIP, OR
39. 26 REWARDS PROGRAM THAT IS PUBLICLY OFFERED TO ALL CONSUMERS WHO
40. 29 ERROR; OR
41. 4 HOUSE BILL 895
42. 6 OR TOOLS, SUCH AS SENSORS, CAMERAS, DEVICE TRACKING, BIOMETRIC
43. 7 MONITORING, OR OTHER FORMS OF OBSERVATION OR DATA COLLECTION, THAT ARE
44. 8 CAPABLE OF GATHERING PERSONALLY IDENTIFIABLE INFORMATION ABOUT A
45. 9 CONSUMER’S BEHAVIOR, CHARACTERISTICS, LOCATION, OR OTHER PERSONAL
46. 10 ATTRIBUTES, WHETHER IN A PHYSICAL OR DIGITAL ENVIRONMENT HAS THE
47. 13 MEANS A MERCHANT THAT PROVIDES AS A CONSUMER SERVICE THE DELIVERY OF
48. 14 FOOD THAT IS EXEMPT FROM THE SALES AND USE TAX IN ACCORDANCE WITH § 11–
49. 19 PROVIDER MAY NOT ENGAGE IN DYNAMIC PRICING OR USE SURVEILLANCE
50. 20 PERSONAL DATA TO SET A PRICE FOR CONSUMER GOODS OR SERVICES FOR A SINGLE
51. 23 PROVIDER MAY NOT USE PROTECTED CLASS DATA TO OFFER, ADVERTISE, OR SELL
52. 24 A CONSUMER GOOD OR SERVICE TO A CONSUMER FOR WHOM THE PROTECTED CLASS
53. 25 DATA PERTAINS IF THE USE OF THE PROTECTED CLASS DATA HAS THE EFFECT OF
54. 26 WITHHOLDING OR DENYING FROM THE CONSUMER AN ACCOMMODATION, AN
55. 34 TIME PERIOD SPECIFIED UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE
56. 1 DIVISION MAY NOT INITIATE AN ENFORCEMENT ACTION FOR A VIOLATION OF THIS
57. 8 AND CONTEMPORANEOUS WITH, EACH COMMUNICATION OF A PRICE FOR WHICH
58. 9 NOTICE IS REQUIRED; AND
59. 24 FINANCIAL INSTITUTIONS ARTICLE; OR
60. 26 FINANCIAL INSTITUTION THAT IS SUBJECT TO TITLE V OF THE
61. 27 GRAMM–LEACH–BLILEY ACT; OR
62. 6 HOUSE BILL 895
63. 2 SERVICE USING DYNAMIC PRICING OR PERSONAL DATA AND DIRECTLY OR
64. 3 INDIRECTLY ADVERTISE OR PROMOTE, INCLUDE ON A LABEL, OR PUBLISH ANY
65. 4 OTHER COMMUNICATION CONTAINING THE PRICE, UNLESS THE MERCHANT
66. 5 INCLUDES WITH THE ADVERTISEMENT, PROMOTION, LABEL, OR OTHER
67. 6 COMMUNICATION A CLEAR AND CONSPICUOUS DISCLOSURE WITH THE FOLLOWING
68. 16 TIME PERIOD SPECIFIED UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE
69. 17 DIVISION MAY NOT INITIATE AN ENFORCEMENT ACTION FOR A VIOLATION OF THIS
70. 19 Article – Labor and Employment
71. 24 OPERATIONAL, OR ORGANIZATIONAL CHANGE THAT DIMINISHES OR IMPAIRS ANY
72. 25 RIGHT OR BENEFIT GUARANTEED TO EMPLOYEES OF THE FOOD RETAILER UNDER
73. 26 AN EXISTING COLLECTIVE BARGAINING AGREEMENT OR MEMORANDUM OF
74. 27 UNDERSTANDING UNLESS THE CHANGE IS NEGOTIATED AND MUTUALLY AGREED ON
75. 8 HOUSE BILL 895
76. 2 UNDER THIS SECTION AND WHO IS AWARDED DAMAGES MAY ALSO SEEK, AND THE
77. 5 THAT AN ACTION IS BROUGHT IN BAD FAITH OR IS OF A FRIVOLOUS NATURE, THE
78. 6 COURT MAY ORDER THE OFFENDING PARTY TO PAY TO THE OTHER PARTY
79. 8 Article – Tax – General
80. 18 SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency

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