Consumer Protection - Retail Transactions for Essential Consumer Goods - Cash Payments, the official text

WES MOORE, Governor                      Ch. 714

Chapter 714

                   (House Bill 191)

AN ACT concerning

Consumer Protection – Retail Transactions for Essential Consumer Goods –
                                               Cash Payments

FOR the purpose of prohibiting a merchant, in a certain transaction between certain hours,
         from prohibiting a person from making a cash payment to purchase a an essential
         consumer good or service, requiring a person to purchase a an essential consumer
         good or service by using a credit or debit card, or charging or collecting from a person
         a fee higher price than for an equivalent cashless transaction for making a cash
         payment for the purchase of a an essential consumer good or service, subject to
         certain exceptions; establishing that a violation of this Act is an unfair, abusive, or
         deceptive trade practice subject to certain enforcement and penalty provisions under
         the Maryland Consumer Protection Act; and generally relating to retail cash
         transactions for essential consumer goods.

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) and 14–1330
         Annotated Code of Maryland
         (2025 Replacement Volume)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Commercial Law

13–301.

Unfair, abusive, or deceptive trade practices include any:

                   –1–
Ch. 714             2026 LAWS OF MARYLAND

          (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 14–1330 OF THIS ARTICLE; OR

14–1330.

        (A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “CONSUMER GOODS” HAS THE MEANING STATED IN § 13–101 OF
THIS ARTICLE.

          (3) “ESSENTIAL CONSUMER GOOD” MEANS:

          (I) FOOD, INCLUDING HUMAN AND ANIMAL FOOD;

          (II) WATER, INCLUDING ICE, AND OTHER BEVERAGES;

                         (III) PERSONAL HYGIENE PRODUCTS, INCLUDING TOILETRIES
AND CLEANING PRODUCTS;

                         (IV) HEALTH PRODUCTS, INCLUDING MEDICINE, MEDICAL
SUPPLIES AND EQUIPMENT, AND PERSONAL PROTECTIVE EQUIPMENT; AND

          (V) FUEL.

                (4) “MERCHANT MERCHANT” HAS THE MEANING STATED IN § 13–101
OF THIS ARTICLE.

                (5) “RETAIL ESTABLISHMENT” MEANS AN ESTABLISHMENT THAT
SELLS CONSUMER GOODS TO THE PUBLIC.

        (B) (1) THIS SECTION APPLIES ONLY TO AN IN–PERSON RETAIL
TRANSACTION AT A RETAIL ESTABLISHMENT TOTALING AT LEAST $5 AND LESS THAN
$300.

          (2) THIS SECTION DOES NOT APPLY TO:

          (I) A TELEPHONE, MAIL, OR INTERNET TRANSACTION; OR

                     –2–
                 WES MOORE, Governor             Ch. 714

(II) A VENDING MACHINE OR KIOSK TRANSACTION; OR

                         (III) A TRANSACTION WITH A MERCHANT THAT SELLS TO THE
PUBLIC PRIMARILY:

                 1. FOOD OR BEVERAGES FOR ON–PREMISES

CONSUMPTION; OR

                                 2. A LIMITED VARIETY OF GOURMET OR SPECIALTY
FOODS, INCLUDING CHEESES, FRUITS, NUTS, CANDY, SPICES, AND OILS; OR

                         (IV) THE PURCHASE OF FUEL FROM A MERCHANT THAT SELLS
FUEL TO THE PUBLIC BUT REQUIRES A PAID MEMBERSHIP TO PURCHASE THE FUEL.

(II) A TRANSACTION TO PAY TO PARK A VEHICLE IN:

                 1. A PARKING LOT OR GARAGE; OR

                 2. A METERED PARKING SPACE.

        (C) A EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, BETWEEN
THE HOURS OF 6 A.M. AND 10 P.M. A MERCHANT MAY NOT:

                (1) PROHIBIT A PERSON FROM MAKING A CASH PAYMENT TO
PURCHASE A AN ESSENTIAL CONSUMER GOOD OR SERVICE;

                (2) REQUIRE A PERSON TO USE A CREDIT OR DEBIT CARD TO
PURCHASE A AN ESSENTIAL CONSUMER GOOD OR SERVICE; OR

                (3) CHARGE OR COLLECT FROM A PERSON A HIGHER PRICE THAN
CHARGED OR COLLECTED FOR AN EQUIVALENT CASHLESS TRANSACTION, WHETHER
OR NOT THE DIFFERENCE IN PRICE IS DESCRIBED AS A FEE, FOR MAKING A CASH
PAYMENT FOR THE PURCHASE OF A AN ESSENTIAL CONSUMER GOOD OR SERVICE.

        (D) (1) A MERCHANT MAY PROHIBIT A PERSON FROM MAKING A CASH
PAYMENT FOR THE PURCHASE OF A CONSUMER GOOD:

(1) (I) IN A CASH DENOMINATION GREATER THAN $20; OR

(2) (II) IF THE MERCHANT:

                         (I) 1. PROVIDES AND MAINTAINS A DEVICE ON THE

PREMISES OF THE ESTABLISHMENT THAT CONVERTS CASH INTO A PREPAID CARD

                 –3–
Ch. 714       2026 LAWS OF MARYLAND

THAT A PERSON MAY USE TO PURCHASE A CONSUMER GOOD AT THE

ESTABLISHMENT;

              (II) 2. DOES NOT CHARGE ANY FEE OR REQUIRE A DEPOSIT;

AND

                         (III) 3. IF THE DEVICE MALFUNCTIONS OR BECOMES
INOPERABLE, ACCEPTS PAYMENT IN CASH IN ACCORDANCE WITH THIS SECTION
UNTIL THE DEVICE RESUMES NORMAL OPERATIONS.

                (2) A MERCHANT MAY COLLECT FROM A PERSON AN ADDITIONAL
AMOUNT NOT EXCEEDING 4 CENTS WHEN ROUNDING THE PRICE FOR AN ESSENTIAL
CONSUMER GOOD IN ACCORDANCE WITH APPLICABLE LAW.

     (D) (E)  A VIOLATION OF THIS SECTION IS:

                (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND

                (2) EXCEPT AS PROVIDED IN SUBSECTION (E) (F) OF THIS SECTION,
SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE
13 OF THIS ARTICLE.

     (E) (F)  (1) SECTIONS 13–410(A) AND (B) AND 13–411 OF THIS ARTICLE

DO NOT APPLY TO A VIOLATION OF THIS SECTION.

                (2) THE DIVISION OF CONSUMER PROTECTION OF THE OFFICE OF
THE ATTORNEY GENERAL SHALL PROVIDE A MERCHANT WHO VIOLATES THIS

SECTION WITH AT LEAST TWO SEPARATE OPPORTUNITIES TO COMPLY WITH THE

REQUIREMENTS OF THIS SECTION.

                (3) (I) A MERCHANT WHO VIOLATES THIS SECTION AFTER TWO
SEPARATE OPPORTUNITIES TO COMPLY UNDER PARAGRAPH (2) OF THIS
SUBSECTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000 $500 FOR EACH
VIOLATION.

                         (II) A MERCHANT WHO VIOLATES THIS SECTION AFTER HAVING
BEEN FINED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH IS SUBJECT TO A FINE
NOT EXCEEDING $10,000 $1,000 FOR EACH SUBSEQUENT VIOLATION.

                         (III) THE FINES PROVIDED FOR IN SUBPARAGRAPHS (I) AND (II)
OF THIS PARAGRAPH:

              –4–
               WES MOORE, Governor       Ch. 714

                                 1. ARE CIVIL PENALTIES RECOVERABLE IN
ACCORDANCE WITH § 13–410(C) OF THIS ARTICLE; AND

               2. SHALL BE SET IN ACCORDANCE WITH § 13–410(D) OF

THIS ARTICLE.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 26, 2026.

               –5–