§13–321.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Consent” has the meaning stated in § 14–4701 of this article.

        (3)    “Dynamic pricing” means the discriminatory practice of offering or setting a personalized price for a good or service that is specific to a consumer based on the consumer’s personal data, regardless of whether the seller collected or purchased the personal data.

        (4)    “Food retailer” means a merchant that operates a business establishment that:

            (i)    Has a minimum of 15,000 square feet; and

            (ii)    Sells food that is exempt from the sales and use tax in accordance with § 11–206(c) of the Tax – General Article.

        (5)    “Personal data” has the meaning stated in § 14–4701 of this article.

        (6)    “Protected class data” means information about an individual or group of individuals that, alone or in combination, directly or by implication identifies a characteristic that is legally protected from discrimination under the laws of the State or under federal law.

        (7)    (i)    “Third–party delivery service provider” means a merchant that facilitates as a consumer service the delivery of food that is exempt from the sales and use tax in accordance with § 11–206(c) of the Tax – General Article.

            (ii)    “Third–party delivery service provider” does not include a food retailer.

    (b)    (1)    This subsection does not apply to:

            (i)    Using promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers;

            (ii)    Setting a different price based on objective costs attributable to providing consumer goods or services to different consumers, such as a difference in price caused by shipping costs or taxes based on a consumer’s physical location;

            (iii)    Setting a different price based on costs or differences in supply or demand associated with providing or selling a good or service in different locations or geographies;

            (iv)    Setting a different price based on costs associated with the availability or supply of the good or service;

            (v)    Offering a price to a consumer through a loyalty, membership, or rewards program in which any consumer may voluntarily enroll or consent to participate;

            (vi)    Offering a price to a consumer in connection with a subscription–based contract or agreement;

            (vii)    Offering a price to a consumer who consents to providing personal data or other information in exchange for obtaining the price;

            (viii)    Correcting a price resulting from a pricing error; or

            (ix)    Resetting a price following a system or network outage.

        (2)    A food retailer or third–party delivery service provider may not:

            (i)    Engage in dynamic pricing to set a higher price for food that is exempt from the sales and use tax in accordance with § 11–206(c) of the Tax – General Article for a specific consumer; or

            (ii)    Use personal data to set a higher price for food that is exempt from the sales and use tax under § 11–206(c) of the Tax – General Article for a single consumer.

    (c)    A food retailer or third–party delivery service provider may not use protected class data to offer, advertise, or sell a consumer good or service to a consumer for whom the protected class data pertains if the use of the protected class data has the effect of withholding or denying from the consumer an accommodation, an advantage, or a privilege accorded to others.

    (d)    (1)    Before initiating an enforcement action under Subtitle 4 of this title for a violation of this section, the Division shall issue a notice of violation to the alleged violator.

        (2)    The Division shall provide the alleged violator 45 days after the notice of violation is received to cure the violation.

        (3)    If the alleged violator cures the violation within the time period specified under paragraph (2) of this subsection, the Division may not initiate an enforcement action for a violation of this section.

    (e)    This section may not be construed to authorize a private right of action under this section or any other law.