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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1475*
HOUSE BILL 1475
I3, N1 6lr2680
By: The Speaker
Introduced and read first time: February 13, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Dynamic Pricing Disclosure and Prohibition on 2
Rent–Setting 3
FOR the purpose of prohibiting a merchant from setting the price of consumer goods or 4
services using certain personalized algorithmic pricing and issuing a certain 5
communication in a certain manner unless the merchant includes a certain clear and 6
conspicuous disclosure statement; prohibiting a person from knowingly or recklessly 7
operating or licensing software, a data analytics service, or an algorithmic device to 8
perform a certain coordinating function to facilitate an agreement between 9
residential rental property owners or managers; prohibiting residential rental 10
property owner s or manager s from knowing ly or recklessly setting or adjust ing 11
rental prices and certain lease terms and conditions based on the use of software, a 12
data analytics service, or an algorithmic device that performs a certain coordinating 13
function; making a violation of this Act an unfair, abusive, or deceptive trade practice 14
that is subject to enforcement and penalties under the Maryland Consumer 15
Protection Act; and generally relating to consumer protection, dynamic pricing of 16
consumer goods and services, and rent–setting. 17
BY repealing and reenacting, with amendments, 18
Article – Commercial Law 19
Section 13–301(14)(xlvii) 20
Annotated Code of Maryland 21
(2025 Replacement Volume) 22
BY repealing and reenacting, without amendments, 23
Article – Commercial Law 24
Section 13–301(14)(xlviii) 25
Annotated Code of Maryland 26
(2025 Replacement Volume) 27
BY adding to 28
2 HOUSE BILL 1475
Article – Commercial Law 1
Section 13–301(14)(xlix) and 13–321 2
Annotated Code of Maryland 3
(2025 Replacement Volume) 4
BY adding to 5
Article – Real Property 6
Section 8–122 7
Annotated Code of Maryland 8
(2023 Replacement Volume and 2025 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Commercial Law 12
13–301. 13
Unfair, abusive, or deceptive trade practices include any: 14
(14) Violation of a provision of: 15
(xlvii) Title 14, Subtitle 50 of this article; [or] 16
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 17
(XLIX) SECTION 8–122 OF THE REAL PROPERTY ARTICLE; 18
OR 19
13–321. 20
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “ALGORITHM” MEANS A COMPUTATIONAL AUTOMATED PROCESS 23
THAT USES A SET OF RULES TO DEFINE A SEQUENCE OF OPERATIONS. 24
(3) “CLEAR AND CONSPICUOUS DISCLOSURE” MEANS DISCLOSURE: 25
(I) IN THE SAME MEDIUM AS, AND PROVIDED ON, AT, OR NEAR 26
AND CONTEMPORANEOUS WITH, EACH COMMUNICATION OF A PRICE FOR WHICH 27
NOTICE IS REQUIRED; AND 28
(II) USING LETTERING AND W ORDING THAT IS EASIL Y VISIBLE 29
AND UNDERSTANDABLE TO A CONSUMER. 30
HOUSE BILL 1475 3
(4) “COMMUNICATION” MEANS AN ADVERTISEME NT, A DISPLAY, AN 1
IMAGE, AN OFFER, OR AN ANNOUNCEMENT. 2
(5) “DYNAMIC PRICING ” MEANS PRICING THAT F LUCTUATES 3
DEPENDENT ON CONDITIONS. 4
(6) (I) “PERSONAL DATA” MEANS ANY DATA THAT IDENTIFIES OR 5
COULD REASONABLY BE LINKED , DIRECTLY OR INDIRECT LY, WITH A SPECIFIC 6
CONSUMER OR DEVICE. 7
(II) “PERSONAL DATA” DOES NOT INCLUDE LOCATION DATA. 8
(7) “PERSONALIZED ALGORITH MIC PRICING ” MEANS DYNAMIC 9
PRICING SET BY AN ALGORITHM THAT USES PERSONAL DATA. 10
(B) THIS SECTION DOES NOT APPLY TO: 11
(1) CONDUCT OF A MERCHANT THAT IS REGULATED UNDER THE 12
INSURANCE ARTICLE; 13
(2) (I) A FINANCIAL INSTITUTION, AS DEFINED IN § 1–101 OF THE 14
FINANCIAL INSTITUTIONS ARTICLE; OR 15
(II) A FINANCIAL INSTITUTIO N OR AN AFFILIATE OF A 16
FINANCIAL INSTITUTIO N THAT IS SUBJECT TO TITLE V OF THE 17
GRAMM–LEACH–BLILEY ACT; OR 18
(3) A LOWER PRICE THAT IS OFFERED TO A CONSUMER WHO HAS AN 19
EXISTING SUBSCRIPTIO N–BASED CONTRACT OR AG REEMENT FOR A CONSUMER 20
GOOD OR SERVICE WITH A MERCHANT THAN THE PRICE OFFERED TO A CONSUMER 21
WITHOUT THE SUBSCRIPTION–BASED CONTRACT OR AGREEMENT. 22
(C) A MERCHANT MAY NOT SET THE PRICE OF SPECIFIC CONSUMER GOODS 23
OR SERVICE S USING PERSONALIZED A LGORITHMIC PRICING A ND DIRECTLY OR 24
INDIRECTLY ADVERTISE, PROMOTE, LABEL, OR PUBLISH A COMMUNICATION OF THE 25
PERSONALIZED ALGORITHMIC PRICING FOR THE CONSUMER GOOD OR SERVICE TO 26
A CONSUMER IN THE STATE, UNLESS THE MERCHANT INCLUDES WITH THE 27
COMMUNICATION A CLEAR AND CONSPICUOUS DISCLOSURE WITH THE FOLLOWING 28
STATEMENT: 29
“THIS PRICE WAS SET BY AN ALGORITHM USING YOUR 30
PERSONAL DATA”. 31
4 HOUSE BILL 1475
Article – Real Property 1
8–122. 2
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(2) “ALGORITHM” MEANS A COMPUTATIONAL AUTOMATED PROCESS 5
THAT USES A SET OF RULES TO DEFINE A SEQUENCE OF OPERATIONS. 6
(3) “ALGORITHMIC DEVICE ” MEANS ANY MACHINE, DEVICE, 7
COMPUTER PROGRAM, OR COMPUTER SOFTWARE THAT ON ITS OWN OR WITH HUMAN 8
ASSISTANCE PERFORMS A COORDINATING FUNCTION. 9
(4) (I) “COORDINATING FUNCTION” MEANS TO: 10
1. COLLECT HISTORICAL OR CONTEMPORANEOUS 11
PRICES, SUPPLY LEVELS , OR LEASE OR RENTAL CONTRACT TERMINATION AND 12
RENEWAL DATES OF RESIDENTIAL UNITS FROM TWO OR MORE RESIDENTIAL RENTAL 13
PROPERTY OWNERS OR MANAGERS, IF AT LEAST TWO OR MORE OF THE RESIDENTIAL 14
RENTAL PROPERTY OWNE RS OR MANAGERS FROM WH OM THE INFORMATION IS 15
COLLECTED ARE NOT WHOLLY OWNED SUBSIDIARIES OF THE SAME PARENT ENTITY 16
OR OTHERWISE OWNED O R MANAGED BY THE SAM E RESIDENTIAL RENTAL 17
PROPERTY OWNER OR MANAGER; 18
2. ANALYZE OR PROCESS TH E INFORMATION 19
DESCRIBED IN ITEM 1 OF THIS SUBPARAGRAPH USING A SY STEM, SOFTWARE, OR 20
PROCESS THAT USES COMPUTATION, INCLUDING BY USING THAT INFORMATION TO 21
TRAIN AN ALGORITHM; AND 22
3. RECOMMEND RENTAL PRIC ES, LEASE RENEWAL 23
TERMS, IDEAL OCCUPANCY LEVELS, OR OTHER LEASE TERMS AND CONDITIONS TO A 24
RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER. 25
(II) “COORDINATING FUNCTION ” DOES NOT INCLUDE A 26
PRODUCT USED FOR THE PURPOSE OF ESTABLISHING RENT OR INCOME L IMITS IN 27
ACCORDANCE WITH RENT STABILIZATION L AW OR AN AFFORDABLE HOUSING 28
PROGRAM ADMINISTERED BY A FEDERAL , STATE, OR LOCAL GOVERNMENT OR 29
OTHER POLITICAL SUBDIVISION. 30
(5) “RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER” MEANS 31
A PERSON THAT MANAGES OR DIRECTLY OR INDIRECTLY AND IN WHOLE OR IN PART 32
HOUSE BILL 1475 5
OWNS OR IS A BENEFIC IAL OWNER OF AT LEAST ONE RESIDENTIAL RENTAL 1
PROPERTY IN THE STATE. 2
(B) A PERSON MAY NOT OPERATE OR LICENSE S OFTWARE, A DATA 3
ANALYTICS SERVICE , OR AN ALGORITHMIC DEVICE T HAT PERFORMS A 4
COORDINATING FUNCTIO N BETWEEN, OR ON BEHALF OF , TWO OR MORE 5
RESIDENTIAL RENTAL P ROPERTY OWNERS OR MA NAGERS TO KNOWINGLY OR 6
RECKLESSLY FACILITATE AN AGREEMENT BETWEEN OR AMONG THE RESIDENTIAL 7
RENTAL PROPERTY OWNERS OR MANAGERS. 8
(C) A RESIDENTIAL RENTAL PROPERTY OWNE R OR MANAGE R MAY NOT 9
KNOWINGLY OR RECKLES SLY SET OR ADJUST RENTAL PRI CES, LEASE RENEWAL 10
TERMS, OCCUPANCY LEVELS , OR OTHER LEASE TERMS AND CONDITIONS IN ANY 11
RESIDENTIAL RENTAL PROPERTY BASED ON A RECOMMENDATION FROM SOFTWARE, 12
A DATA ANALYTICS SERVI CE, OR AN ALGORITHMIC DEVICE THAT PERFORMS A 13
COORDINATING FUNCTION. 14
(D) A VIOLATION OF THIS SECTION IS: 15
(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 16
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 17
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PROVISIONS 18
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2026. 21