The Overview

A landmark law forbidding "dynamic" pricing and how personal data is used by food retailers and delivery services went into effect today. Maryland's House Bill 895, the Protection From Predatory Pricing Act, addresses "dynamic pricing" (varying prices during a business day based on demand or other factors, including artificial-intelligence models that adjust in real time) and the use of personal data by food retailers and third-party delivery services.

Consumer Reports described it as the first law specifically aimed at prohibiting surveillance pricing, also known as personalized pricing. Gov. Wes Moore signed it April 28, 2026, making it Chapter 154 of Maryland law.

The full text covers food retailers and third-party delivery service providers. The law prohibits food retailers and third-party delivery services from using "dynamic pricing," which it defines as varying prices during a business day based on demand or other factors, including artificial intelligence models that adjust in real time, and it also addresses those businesses' use of consumers' personal data. The bill carried 49 lead sponsors.

The Debate

The bill passed the House 96–32 on third reading, cleared the Senate 41–1, and then passed a final House concurrence vote 100–31. Before those votes, the House rejected two motions — one by Delegate Hartman, which failed 36–90, and one by Delegate Chisholm, which failed 37–92 — though the records do not describe what either would have done.

Maryland Matters reported that Gov. Wes Moore and then-Delegate Joseline Peña-Melnyk made unusual committee appearances to testify in support of dynamic-pricing legislation, including House Bill 895. Merchants warned during the legislative process that the bill could eliminate targeted consumer discounts and potentially backfire, according to Maryland Matters.

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