HB 385 Maryland House of Delegates · 2025 Regular Session

Consumer Protection - Automatic Tip Prompt Screen - Requirements

HB 385 requires businesses in Maryland using digital point-of-sale systems that automatically prompt customers to leave a tip to: (1) clearly disclose who receives the tip (e.g., employees or the business), and (2) set the default tip amount to $0. This applies to restaurants, bars, and similar service businesses processing card payments. Violating these requirements would be considered an unfair, deceptive, or abusive trade practice under Maryland law, subject to enforcement by the Division of Consumer Protection. The law takes effect October 1, 2025, with the new requirements applying starting January 1, 2026.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House of Delegates Passage
Feb 2025
Senate Passage
Governor
Introduced Jan 16, 2025 Last action Mar 13, 2025
Maddy AI version diff · 1 comparison

What changed between versions

First - Consumer Protection - Automatic Tip Prompt Screen - Requirements Third - Consumer Protection - Automatic Tip Prompt Screen - Requirements · 5 edits
MODERATE
This bill was amended to clarify that tips must be disclosed as going to employees and to add a 'no-tip' option. The effective date was changed from January 1, 2026 to July 1, 2026. The bill now exempts transactions for customers seated at tables or bars, mobile device payments, and online purchases from the automatic tip prompt requirements.
Scope change
The bill's applicability was narrowed by adding exemptions for in-person dining at tables or bars, mobile payments, and online transactions, while also adding a 'no-tip' option alongside the zero-default requirement.
REQUIREMENT

Added requirement to disclose that tips are for employees and added a 'no-tip' option to the automatic tip prompt screen.

TIMELINE

Changed the effective date of the requirements from January 1, 2026 to July 1, 2026.

ELIGIBILITY

Added exemptions for transactions involving customers seated at tables or bars, mobile device payments, and online purchases.

ENFORCEMENT

Added requirement for the Maryland Department of Labor and Division of Consumer Protection to publish information about these requirements on their public websites.

Modified enforcement penalties to exclude certain sections of the Commercial Law article.

Floor votes · House of Delegates Feb 22, 2025

How they voted

9437
Passed · 6 other
Total votes 137
Feb 22, 2025
D Democratic98
93 Yea 5
94% Yea
R Republican39
1 Yea 37 Nay 1
94% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
4
Committee
4
Feb 26, 2025
Committee
Referred Finance
upper
Feb 25, 2025
Lower · Passed
Third Reading Passed
lower
Feb 22, 2025
House Of Delegates · Passed
House of Delegates Vote: pass (94-37-6)
house of delegates
Feb 20, 2025
Lower · Passed
Favorable with Amendments {
lower
Feb 19, 2025
Lower · Passed
Favorable with Amendments Report by Economic Matters
lower
Jan 16, 2025
Committee
First Reading Economic Matters
lower
23 primary · 0 co-sponsors

Sponsors