MD SB889

Prohibits merchants from using surveillance-based price setting, defined as setting prices based on profiling or processing of consumer data or device data (such as battery life)

Bans food retailers with 15,000+ square feet from using electronic shelving labels or digital shelf displays, requiring nondigital price presentations like stickers, stamps, or signs instead

Prohibits employers from engaging in surveillance-based wage setting, which uses surveillance data combined with automated decision systems to set customized wages for employees

Exempts price differences based on actual cost variations to serve different consumers, group discounts offered on equal terms, and wages based on job-related data or cost-of-living adjustments with prior disclosure

Violations of the price-setting provisions constitute unfair or deceptive trade practices under the Maryland Consumer Protection Act; wage-setting violations may be investigated by the Commissioner and enforced by the Attorney General through injunctive relief or damages

Effective date: October 1, 2026