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
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Third - Consumer Protection - Automatic Tip Prompt Screen - Requirements
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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
94–37
Passed · 6 other
Total votes 137
Feb 22, 2025
D
Democratic98
94% Yea
R
Republican39
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
Role
Legislator
Party
State
District
P
Aaron Kaufman
DDemocratic
P
Andrew Pruski
DDemocratic
P
Chao Wu
DDemocratic
P
Dana Jones
DDemocratic
P
Deni Taveras
DDemocratic
P
Gabriel Acevero
DDemocratic
P
Heather Bagnall Tudball
DDemocratic
P
Jamila Woods
DDemocratic
P
Jeff Long
DDemocratic
P
JP
Joseline Peña-Melnyk
DDemocratic
P
Julian Ivey
DDemocratic
P
Kevin Harris
DDemocratic
P
Kym Taylor
DDemocratic
P
Linda Foley
DDemocratic
P
Mary Lehman
DDemocratic
P
Michele Guyton
DDemocratic
P
Natalie Ziegler
DDemocratic
P
Nick Allen
DDemocratic
P
Nicole Williams
DDemocratic
P
Robbyn Lewis
DDemocratic
P
Scott Phillips
DDemocratic
P
Stuart Schmidt
RRepublican
P
Vaughn Stewart
DDemocratic
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