EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0194*
HOUSE BILL 194
I3 5lr0623
(PRE–FILED)
By: Delegate Conaway
Requested: June 26, 2024
Introduced and read first time: January 8, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Retail Sales – Reimbursement of Shipping Costs 2
FOR the purpose of requiring that a merchant provide a refund for shipping costs to a 3
consumer who received an incorrect item within a certain period of time after a 4
certain request is made; making a violation of this Act an unfair, abusive, or 5
deceptive trade practice that is subject to enforcement and penalties under the 6
Maryland Consumer Protection Act; and generally relating to consumer retail 7
transactions. 8
BY repealing and reenacting, with amendments, 9
Article – Commercial Law 10
Section 13–301(14)(xliv) 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2024 Supplement) 13
(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 14
General Assembly of 2024) 15
BY repealing and reenacting, without amendments, 16
Article – Commercial Law 17
Section 13–301(14)(xlv) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2024 Supplement) 20
(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 21
General Assembly of 2024) 22
BY adding to 23
Article – Commercial Law 24
Section 13–301(14)(xlvi) and 14–1328 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2024 Supplement) 27 2 HOUSE BILL 194
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Commercial Law 3
13–301. 4
Unfair, abusive, or deceptive trade practices include any: 5
(14) Violation of a provision of: 6
(xliv) Title 14, Subtitle 49 of this article; [or] 7
(xlv) Section 12–6C–09.1 of the Health Occupations Article; or 8
(XLVI) SECTION 14–1328 OF THIS ARTICLE; OR 9
14–1328. 10
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(2) “CONSUMER” MEANS THE PURCHASER , OTHER THAN FOR 13
PURPOSES OF RESALE , OF CONSUMER GOODS , CONSUMER SERVICES , OR CONSUMER 14
CREDIT. 15
(3) “MERCHANT” HAS THE MEANING STATED IN § 13–101 OF THIS 16
ARTICLE. 17
(4) “RETAIL SALE” MEANS THE SALE OF CONSUMER GOO DS BY A 18
MERCHANT TO A CONSUM ER FOR: 19
(I) THE USE OR CONSUMPTIO N OF THE CONSUMER GO ODS BY 20
THE CONSUMER ; OR 21
(II) THE BENEFIT OR SATISF ACTION THAT THE CONS UMER MAY 22
DERIVE FROM THE USE OR CONSUMPTION OF TH E CONSUMER GOODS BY ANOTHER. 23
(B) A CONSUMER MAY REQUEST THAT A MERCHANT REFUND THE FULL 24
AMOUNT OF SHIPPING C OSTS THE CONSUMER INC URS TO RETURN AN INC ORRECT 25
ITEM THAT THE CONSUM ER RECEIVES FROM THE MERCHANT IN CONNECTI ON WITH 26
A RETAIL SALE. 27
HOUSE BILL 194 3
(C) A MERCHANT THAT RECEIVES A REFUND REQUEST FROM A CONSU MER 1
UNDER SUBSECTION (B) OF THIS SECTION SHALL REFUND THE CON SUMER’S FULL 2
INCURRED SHIPPING CO STS TO THE CONSUMER WITH IN 30 DAYS AFTER RECEIVING 3
THE REFUND REQUEST. 4
(D) A VIOLATION OF THIS SE CTION IS: 5
(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 6
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 7
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 8
CONTAINED IN TITLE 13 OF THIS ARTICLE. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11