EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable
House action: Adopted with floor amendments
Read second time: February 12, 2025
CHAPTER ______
AN ACT concerning 1
Consumer Protection – Retail Sales – Payment or Reimbursement of Shipping 2
Costs 3
FOR the purpose of requiring that a merchant provide a prepaid shipping label or a refund 4
for shipping costs to a consumer who received an incorrect item that is damaged, 5
faulty, or sent in error within a certain period of time after a certain request is made 6
or a certain item is received; making a violation of this Act an unfair, abusive, or 7
deceptive trade practice that is subject to enforcement and certain civil penalties 8
under the Maryland Consumer Protection Act; and generally relating to consumer 9
retail transactions. 10
BY repealing and reenacting, with amendments, 11
Article – Commercial Law 12
Section 13–301(14)(xliv) 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2024 Supplement) 15
(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 16
General Assembly of 2024) 17
BY repealing and reenacting, without amendments, 18
Article – Commercial Law 19
Section 13–301(14)(xlv) 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 194
(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 1
General Assembly of 2024) 2
BY adding to 3
Article – Commercial Law 4
Section 13–301(14)(xlvi) and 14–1328 5
Annotated Code of Maryland 6
(2013 Replacement Volume and 2024 Supplement) 7
SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Commercial Law 10
13–301. 11
Unfair, abusive, or deceptive trade practices include any: 12
(14) Violation of a provision of: 13
(xliv) Title 14, Subtitle 49 of this article; [or] 14
(xlv) Section 12–6C–09.1 of the Health Occupations Article; or 15
(XLVI) SECTION 14–1328 OF THIS ARTICLE; OR 16
14–1328. 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “CONSUMER” MEANS THE PURCHASER , OTHER THAN FOR 20
PURPOSES OF RESALE , OF CONSUMER GOODS , CONSUMER SERVICES , OR CONSUMER 21
CREDIT. 22
(3) “MERCHANT” HAS THE MEANING STAT ED IN § 13–101 OF THIS 23
ARTICLE. 24
(4) “RETAIL SALE” MEANS THE SALE OF CO NSUMER GOODS BY A 25
MERCHANT TO A CONSUM ER FOR: 26
(I) THE USE OR CONSUMPTIO N OF THE CONSUMER GO ODS BY 27
THE CONSUMER ; OR 28
(II) THE BENEFIT OR SATISF ACTION THAT THE CONS UMER MAY 29
DERIVE FROM THE USE OR CONSUMPTION OF TH E CONSUMER GOODS BY ANOTHER. 30 HOUSE BILL 194 3
(B) A CONSUMER MAY REQUEST THAT A MERCHANT PAY OR REFUND TH E 1
FULL AMOUNT OF SHIPP ING COSTS THE CONSUM ER INCURS TO RETURN AN 2
INCORRECT ITEM THAT IS DAMAGED , FAULTY, OR SENT IN ERROR THAT THE 3
CONSUMER RECEIVES FR OM THE MERCHANT IN C ONNECTION WITH A RET AIL SALE. 4
(C) A MERCHANT THAT RECEIV ES A PAYMENT OR REFUND REQUEST FROM 5
A CONSUMER UNDER SUB SECTION (B) OF THIS SECTION SHAL L: 6
(1) PROVIDE THE CONSUMER A PREPAID SHIPPING L ABEL AFTER 7
RECEIVING THE REFUND REQUEST; OR 8
(2) REFUND REFUND THE CONSUMER ’S FULL INCURRED SHIP PING 9
COSTS TO THE CONSUME R WITHIN 30 DAYS AFTER RECEIVING THE REFUND 10
REQUEST RETURNED ITEM FROM T HE CONSUMER IN ITS O RIGINAL CONDITION . 11
(D) A VIOLATION OF THIS SE CTION IS: 12
(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 13
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 14
(2) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS 15
CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT § 13–411 OF THIS ARTICLE. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.