Maryland 2025 Regular Session

Maryland House Bill HB194 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0194
9	6
10	7		HOUSE BILL 194
11	8		I3 5lr0623
12	9		(PRE–FILED)
13	10		By: Delegate Conaway
14	11		Requested: June 26, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Economic Matters
17		-	Committee Report: Favorable
18		-	House action: Adopted with floor amendments
19		-	Read second time: February 12, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25		-	Consumer Protection – Retail Sales – Payment or Reimbursement of Shipping 2
26		-	Costs 3
	19	+	Consumer Protection – Retail Sales – Reimbursement of Shipping Costs 2
27	20
28		-	FOR the purpose of requiring that a merchant provide a prepaid shipping label or a refund 4
29		-	for shipping costs to a consumer who received an incorrect item that is damaged, 5
30		-	faulty, or sent in error within a certain period of time after a certain request is made 6
31		-	or a certain item is received; making a violation of this Act an unfair, abusive, or 7
32		-	deceptive trade practice that is subject to enforcement and certain civil penalties 8
33		-	under the Maryland Consumer Protection Act; and generally relating to consumer 9
34		-	retail transactions. 10
	21	+	FOR the purpose of requiring that a merchant provide a refund for shipping costs to a 3
	22	+	consumer who received an incorrect item within a certain period of time after a 4
	23	+	certain request is made; making a violation of this Act an unfair, abusive, or 5
	24	+	deceptive trade practice that is subject to enforcement and penalties under the 6
	25	+	Maryland Consumer Protection Act; and generally relating to consumer retail 7
	26	+	transactions. 8
35	27
36		-	BY repealing and reenacting, with amendments, 11
37		-	Article – Commercial Law 12
38		-	Section 13–301(14)(xliv) 13
39		-	Annotated Code of Maryland 14
40		-	(2013 Replacement Volume and 2024 Supplement) 15
41		-	(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 16
42		-	General Assembly of 2024) 17
	28	+	BY repealing and reenacting, with amendments, 9
	29	+	Article – Commercial Law 10
	30	+	Section 13–301(14)(xliv) 11
	31	+	Annotated Code of Maryland 12
	32	+	(2013 Replacement Volume and 2024 Supplement) 13
	33	+	(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 14
	34	+	General Assembly of 2024) 15
43	35
44		-	BY repealing and reenacting, without amendments, 18
45		-	Article – Commercial Law 19
46		-	Section 13–301(14)(xlv) 20
47		-	Annotated Code of Maryland 21
48		-	(2013 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 194
	36	+	BY repealing and reenacting, without amendments, 16
	37	+	Article – Commercial Law 17
	38	+	Section 13–301(14)(xlv) 18
	39	+	Annotated Code of Maryland 19
	40	+	(2013 Replacement Volume and 2024 Supplement) 20
	41	+	(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 21
	42	+	General Assembly of 2024) 22
49	43
50		-
51		-	(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 1
52		-	General Assembly of 2024) 2
53		-
54		-	BY adding to 3
55		-	Article – Commercial Law 4
56		-	Section 13–301(14)(xlvi) and 14–1328 5
57		-	Annotated Code of Maryland 6
58		-	(2013 Replacement Volume and 2024 Supplement) 7
59		-
60		-	SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61		-	That the Laws of Maryland read as follows: 9
62		-
63		-	Article – Commercial Law 10
64		-
65		-	13–301. 11
66		-
67		-	Unfair, abusive, or deceptive trade practices include any: 12
68		-
69		-	(14) Violation of a provision of: 13
70		-
71		-	(xliv) Title 14, Subtitle 49 of this article; [or] 14
72		-
73		-	(xlv) Section 12–6C–09.1 of the Health Occupations Article; or 15
74		-
75		-	(XLVI) SECTION 14–1328 OF THIS ARTICLE; OR 16
76		-
77		-	14–1328. 17
78		-
79		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
80		-	INDICATED. 19
81		-
82		-	(2) “CONSUMER” MEANS THE PURCHASER , OTHER THAN FOR 20
83		-	PURPOSES OF RESALE , OF CONSUMER GOODS , CONSUMER SERVICES , OR CONSUMER 21
84		-	CREDIT. 22
85		-
86		-	(3) “MERCHANT” HAS THE MEANING STAT ED IN § 13–101 OF THIS 23
87		-	ARTICLE. 24
88		-
89		-	(4) “RETAIL SALE” MEANS THE SALE OF CO NSUMER GOODS BY A 25
90		-	MERCHANT TO A CONSUM ER FOR: 26
91		-
92		-	(I) THE USE OR CONSUMPTIO N OF THE CONSUMER GO ODS BY 27
93		-	THE CONSUMER ; OR 28
94		-
95		-	(II) THE BENEFIT OR SATISF ACTION THAT THE CONS UMER MAY 29
96		-	DERIVE FROM THE USE OR CONSUMPTION OF TH E CONSUMER GOODS BY ANOTHER. 30 HOUSE BILL 194 3
	44	+	BY adding to 23
	45	+	Article – Commercial Law 24
	46	+	Section 13–301(14)(xlvi) and 14–1328 25
	47	+	Annotated Code of Maryland 26
	48	+	(2013 Replacement Volume and 2024 Supplement) 27 2 HOUSE BILL 194
97	49
98	50
99	51
100		-	(B) A CONSUMER MAY REQUEST THAT A MERCHANT PAY OR REFUND TH E 1
101		-	FULL AMOUNT OF SHIPP ING COSTS THE CONSUM ER INCURS TO RETURN AN 2
102		-	INCORRECT ITEM THAT IS DAMAGED , FAULTY, OR SENT IN ERROR THAT THE 3
103		-	CONSUMER RECEIVES FR OM THE MERCHANT IN C ONNECTION WITH A RET AIL SALE. 4
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: 2
104	54
105		-	(C) A MERCHANT THAT RECEIV ES A PAYMENT OR REFUND REQUEST FROM 5
106		-	A CONSUMER UNDER SUB SECTION (B) OF THIS SECTION SHAL L: 6
	55	+	Article – Commercial Law 3
107	56
108		-	(1) PROVIDE THE CONSUMER A PREPAID SHIPPING L ABEL AFTER 7
109		-	RECEIVING THE REFUND REQUEST; OR 8
	57	+	13–301. 4
110	58
111		-	(2) REFUND REFUND THE CONSUMER ’S FULL INCURRED SHIP PING 9
112		-	COSTS TO THE CONSUME R WITHIN 30 DAYS AFTER RECEIVING THE REFUND 10
113		-	REQUEST RETURNED ITEM FROM T HE CONSUMER IN ITS O RIGINAL CONDITION . 11
	59	+	Unfair, abusive, or deceptive trade practices include any: 5
114	60
115		-	(D) A VIOLATION OF ~~THIS SE CTION IS~~: 12
	61	+	(14) Violation of a provision of: 6
116	62
117		-	(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 13
118		-	THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 14
	63	+	(xliv) Title 14, Subtitle 49 of this article; [or] 7
119	64
120		-	(2) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS 15
121		-	CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT § 13–411 OF THIS ARTICLE. 16
	65	+	(xlv) Section 12–6C–09.1 of the Health Occupations Article; or 8
122	66
123		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
124		-	October 1, 2025. 18
	67	+	(XLVI) SECTION 14–1328 OF THIS ARTICLE; OR 9
	68	+
	69	+	14–1328. 10
	70	+
	71	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 11
	72	+	INDICATED. 12
	73	+
	74	+	(2) “CONSUMER” MEANS THE PURCHASER , OTHER THAN FOR 13
	75	+	PURPOSES OF RESALE , OF CONSUMER GOODS , CONSUMER SERVICES , OR CONSUMER 14
	76	+	CREDIT. 15
	77	+
	78	+	(3) “MERCHANT” HAS THE MEANING STATED IN § 13–101 OF THIS 16
	79	+	ARTICLE. 17
	80	+
	81	+	(4) “RETAIL SALE” MEANS THE SALE OF CONSUMER GOO DS BY A 18
	82	+	MERCHANT TO A CONSUM ER FOR: 19
	83	+
	84	+	(I) THE USE OR CONSUMPTIO N OF THE CONSUMER GO ODS BY 20
	85	+	THE CONSUMER ; OR 21
	86	+
	87	+	(II) THE BENEFIT OR SATISF ACTION THAT THE CONS UMER MAY 22
	88	+	DERIVE FROM THE USE OR CONSUMPTION OF TH E CONSUMER GOODS BY ANOTHER. 23
	89	+
	90	+	(B) A CONSUMER MAY REQUEST THAT A MERCHANT REFUND THE FULL 24
	91	+	AMOUNT OF SHIPPING C OSTS THE CONSUMER INC URS TO RETURN AN INC ORRECT 25
	92	+	ITEM THAT THE CONSUM ER RECEIVES FROM THE MERCHANT IN CONNECTI ON WITH 26
	93	+	A RETAIL SALE. 27
	94	+	HOUSE BILL 194 3
125	95
126	96
	97	+	(C) A MERCHANT THAT RECEIVES A REFUND REQUEST FROM A CONSU MER 1
	98	+	UNDER SUBSECTION (B) OF THIS SECTION SHALL REFUND THE CON SUMER’S FULL 2
	99	+	INCURRED SHIPPING CO STS TO THE CONSUMER WITH IN 30 DAYS AFTER RECEIVING 3
	100	+	THE REFUND REQUEST. 4
127	101
	102	+	(D) A VIOLATION OF THIS SE CTION IS: 5
128	103
129		-	Approved:
130		-	________________________________________________________________________________
131		-	Governor.
132		-	________________________________________________________________________________
133		-	Speaker of the House of Delegates.
134		-	________________________________________________________________________________
135		-	President of the Senate.
	104	+	(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 6
	105	+	THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 7
	106	+
	107	+	(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 8
	108	+	CONTAINED IN TITLE 13 OF THIS ARTICLE. 9
	109	+
	110	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
	111	+	October 1, 2025. 11