Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor Ch. 308
Chapter 308
(House Bill 103)
AN ACT concerning
Consumer Protection – Consumer Contracts – Prohibited Waiver Waivers
FOR the purpose of repealing altering certain exemptions relating to a prohibition on a
consumer contract that sets a shorter time to bring an action under or on the
consumer contract under certain circumstances; prohibiting a consumer contract
from waiving, limiting, impairing, or disclaiming any right conferred or created or a
manner of enforcement established statutory or punitive damages certain remedies
if authorized by federal or State law, subject to certain exemptions and a certain
exception; establishing that a violation of this Act is an unfair, abusive, or deceptive
trade practice subject to enforcement and certain civil penalties; prohibiting a waiver
by agreement of certain provisions of this Act, except under certain circumstances;
and generally relating to consumer contracts.
BY repealing and reenacting, with amendments,
Article – Commercial Law
Section 13–301(14)(xlvii)
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Commercial Law
Section 13–301(14)(xlviii)
Annotated Code of Maryland
(2025 Replacement Volume)
BY adding to
Article – Commercial Law
Section 13–301(14)(xlix)
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Commercial Law
Section 14–1328
Annotated Code of Maryland
(2025 Replacement Volume)
(As enacted by Chapter 194 of the Acts of the General Assembly of 2025)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
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Ch. 308 2026 LAWS OF MARYLAND
Article – Commercial Law
13–301.
Unfair, abusive, or deceptive trade practices include any:
(14) Violation of a provision of:
(xlvii) Title 14, Subtitle 50 of this article; [or]
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or
(XLIX) SECTION 14–1328 OF THIS ARTICLE; OR
14–1328.
(a) (1) In this section[, “consumer] THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(2) “CONSUMER” HAS THE MEANING STATED IN § 13–101 OF THIS
ARTICLE.
(3) “CONSUMER contract” means a contract involving the sale, lease, or
provision of goods or services that are for personal, family, or household purposes.
(b) [This section does not apply to:
(1) Any consumer contract provided by a business, including an affiliate or
a subsidiary of the business, that is doing business under a license, franchise agreement,
certificate, or other authorization issued by a State agency, political subdivision, or public
utility commission A CONSUMER CONTRACT FOR A SERVICE PROVIDED BY A
SELF–SERVICE STORAGE FACILITY, AS DEFINED IN § 18–501 OF THIS ARTICLE;
(2) A service regulated by:
(i) The Maryland Public Service Commission;
(ii) The Federal Communications Commission; or
(iii) The Federal Energy Regulatory Commission; or
(3) A person or business licensed to provide security system services under
Title 18 of the Business Occupations and Professions Article.
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WES MOORE, Governor Ch. 308
(c)] (1) A provision THE EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE FOLLOWING PROVISIONS in a consumer contract that [sets a shorter
time to bring an action under or on the consumer contract than required by the law of the
State when the consumer contract is issued or delivered] WAIVES, LIMITS, IMPAIRS, OR
DISCLAIMS A RIGHT CONFERRED OR CREATED OR A MANNER OF ENFORCEMENT
ESTABLISHED BY FEDERAL OR STATE LAW is ARE against State public policy, illegal,
and void, INCLUDING A:
(1) (I) A PROVISION THAT WAIVES, LIMITS, IMPAIRS, OR
DISCLAIMS STATUTORY OR PUNITIVE DAMAGES THE FOLLOWING REMEDIES IF
AUTHORIZED BY FEDERAL OR STATE LAW:
1. STATUTORY DAMAGES;
2. PUNITIVE DAMAGES, INCLUDING FOR INTENTIONAL,
KNOWING, OR RECKLESS VIOLATIONS OF LAW;
3. DECLARATORY RELIEF; OR
4. INJUNCTIVE RELIEF; AND
(2) (II) A PROVISION THAT SETS A SHORTER TIME TO BRING AN
ACTION UNDER OR ON THE CONSUMER CONTRACT THAN REQUIRED BY STATE LAW
WHEN THE CONSUMER CONTRACT WAS ISSUED OR DELIVERED.
(2) A PROVISION IN A CONSUMER CONTRACT MAY LIMIT RECOVERY OF
STATUTORY OR PUNITIVE DAMAGES AUTHORIZED BY FEDERAL OR STATE LAW TO
THE EXTENT OF THE APPLICABLE LIMIT OF INSURANCE COVERAGE.
[(d)] (C) If a consumer contract contains a provision that is illegal under this
section:
(1) A court [may]:
(I) MAY not give effect to the provision; and
(II) SHALL ENFORCE THE REMAINDER OF THE CONSUMER
CONTRACT TO THE EXTENT PRACTICABLE; AND
(2) A defense to liability under the consumer contract may not be based on
the [shorter limitation period] PROVISION.
(D) (1) A VIOLATION OF THIS SECTION IS:
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Ch. 308 2026 LAWS OF MARYLAND
(I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE
WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE; AND
(II) SUBJECT TO THE ENFORCEMENT AND PENALTY
PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT § 13–411 OF THIS
ARTICLE.
(2) IN ADDITION TO AN ACTION FOR DAMAGES UNDER § 13–408 OF
THIS ARTICLE, A PERSON MAY BRING AN ACTION FOR DECLARATORY RELIEF OR AN
INJUNCTION TO PROHIBIT A PERSON WHO HAS ENGAGED OR IS ENGAGING IN A
VIOLATION OF THIS SECTION FROM ENGAGING IN OR CONTINUING TO ENGAGE IN
THE VIOLATION.
(E) (D) (E) (1) THIS SECTION SHALL BE CONSTRUED TO APPLY EQUALLY
AND WITHOUT FAVORABLE TREATMENT TO A CONSUMER CONTRACT WITH OR
WITHOUT AN ARBITRATION PROVISION.
(2) THIS SECTION MAY NOT BE CONSTRUED TO:
(I) INVALIDATE AN ARBITRATION PROVISION THAT IS
ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT; OR
(II) PROHIBIT A PROVISION IN A CONSUMER CONTRACT THAT
GRANTS A CONSUMER A RIGHT OR A MANNER OF ENFORCEMENT MORE EXPANSIVE
OR EXTENSIVE THAN A RIGHT CONFERRED OR CREATED OR A MEANS OR MANNER OF
ENFORCEMENT ESTABLISHED CREATE A RIGHT OR REMEDY NOT OTHERWISE
PROVIDED BY FEDERAL OR STATE LAW.
(3) (I) A PROVISION OF THIS SECTION MAY NOT BE WAIVED BY
AGREEMENT.
(II) A CONSUMER MAY WAIVE A RIGHT CONFERRED OR
CREATED OR A MANNER OF ENFORCEMENT ESTABLISHED BY FEDERAL OR STATE
LAW AS PART OF A SETTLEMENT OF A DISPUTE OR AN ACTION, UNLESS OTHERWISE
PROHIBITED BY FEDERAL LAW.
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application of any provision of this Act to any person or circumstance is held invalid for
any reason in a court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act that can be given effect without the invalid
provision or application, and for this purpose the provisions of this Act are declared
severable.
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WES MOORE, Governor Ch. 308
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any contract entered into before the effective date of this Act.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect on
the later of October 1, 2026, or the taking effect of Chapter 194 of the Acts of the General
Assembly of 2025, if the effective date of Chapter 194 is amended.
Approved by the Governor, April 28, 2026.
–5–Every fact on this page links to its source, starting with the official bill record.