SB 387 Maryland Senate · 2026 Regular Session

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

SB 387 prohibits large food retailers (15,000+ sq ft) in Maryland from using dynamic pricing (real-time price changes based on demand or AI) or consumer surveillance data (like location or biometric tracking) to set prices for individual customers. It also bans using protected class data (e.g., race, gender) to deny accommodations or advantages to consumers. The bill further prevents retailers from reducing union-guaranteed employee benefits without negotiating with union representatives. These provisions aim to regulate pricing practices, prevent discriminatory data use, and protect collective bargaining agreements, with violations subject to enforcement under Maryland’s consumer protection laws.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

Senate Passage

Mar 2026

House of Delegates Passage

Governor

Introduced Jan 27, 2026 Last action Mar 24, 2026

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What changed between versions

First - Food Retailers - Dynamic Pricing, Surveillance Data, and Collective Bargaining Agreements (Protection From Predatory Pricing Act) → Third - Food Retailers and Third-Party Food Delivery Service Providers - Dynamic Pricing and Personal Data (Protection From Predatory Pricing Act) · 6 edits

MODERATE

The bill was amended to expand its scope from only regulating food retailers to also include third-party food delivery service providers. The title and purpose statements were updated to reflect this broader application, and new definitions were added to specifically define third-party food delivery service providers. This change ensures that dynamic pricing and personal data practices are regulated for both physical food retailers and delivery platforms.

Scope change

The bill's scope was expanded from applying only to food retailers to now also apply to third-party food delivery service providers.

SCOPE

The bill title was changed from 'Food Retailers' to 'Food Retailers and Third-Party Food Delivery Service Providers' to reflect the expanded scope.

DEFINITION

A new definition for 'Third-Party Food Delivery Service Provider' was added, defining it as a merchant that provides food delivery services and explicitly stating it does not include a food retailer.

A new definition for 'Personal Data' was added, referencing Section 14-4701 of the Commercial Law Article.

REQUIREMENT

The purpose statement was updated to prohibit both food retailers and third-party food delivery service providers from engaging in dynamic pricing or using consumer surveillance personal data to set prices.

The prohibition on using protected class data was expanded to apply to both food retailers and third-party food delivery service providers.

A new provision was added to the Commercial Law Article to include third-party food delivery service providers in the scope of the bill's requirements regarding collective bargaining agreements.

Floor votes · Senate Mar 6, 2026

How they voted

33–12

Passed · 4 other

Total votes 49

Mar 6, 2026

D Democratic36

33 Yea 3

91% Yea

R Republican13

12 Nay 1

92% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 23, 2026

Committee

Referred Economic Matters

lower

Mar 23, 2026

Upper · Passed

Third Reading Passed

upper

Mar 20, 2026

Upper · Passed

Favorable with Amendments {

upper

Mar 20, 2026

Upper · Passed

Favorable with Amendments Report by Finance

upper

Mar 6, 2026

Senate · Passed

Senate Vote: pass (33-12-4)

senate

Jan 27, 2026

Committee

First Reading Finance

upper

13 primary · 0 co-sponsors