In this subtitle the following words have the meanings indicated. “Advertise” means: To publish, circulate, disseminate, or place before the public in any way or through any medium for the purpose of selling merchandise; and Advertising by: Exterior or interior signs, including neon or other electrical signs; Radio, telephone, or television; and Newspaper, magazine, book, notice, or any other method or material. “Clear and conspicuous” means in a manner that clearly calls attention to the language, including text that is: In larger type than the surrounding text; In a contrasting type, font, or color to the surrounding text; or Set off from the surrounding text by symbols or other marks. “Digital application or game” means any application or game that a person accesses and manipulates using a specialized electronic gaming device, computer, mobile device, tablet, or other device with a display screen, including any add–ons or additional content for the application or game. “Digital audio work” means a work that results from the fixation of a series of musical, spoken, or other sounds that are transferred electronically, including: Prerecorded or live songs; Music; Readings of books or other written materials; Speeches; Ringtones; or Other sound recordings. “Digital audiovisual work” means a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds. “Digital audiovisual work” includes motion pictures, musicals, videos, news and entertainment programs, and live events. “Digital book” means a work that is generally recognized as a book and is transferred electronically, including a work of fiction or nonfiction. “Digital code” means a code that grants the person holding the code a right to obtain an additional digital good regardless of whether the code is designated as a song code, video code, or book code. “Digital code” includes a code used to access or obtain any specified digital goods, or any additional digital goods that have been previously purchased. “Digital good” means a digital application or game, digital audio work, digital audiovisual work, digital book, or digital code, whether electronically or digitally delivered or accessed. “Digital good” does not include a cable television service, satellite relay television service, or any other distribution of television, video, or radio service. “Person” includes an association, firm, partnership, corporation, or an agent or employee of any of these entities. “Property”, as used in § 14–2902(a) through (c) of this subtitle, includes: Merchandise; Real estate; Securities; Employment; A loan made at interest; Any contract relating to real estate, securities, service, employment, or the making of loans at interest; or Anything else of value.

For the purpose of purchasing, selling, or disposing of property or a service, a person may not advertise a statement containing a representation of fact that the person knows, or by the exercise of reasonable care should know, to be untrue, deceptive, or misleading. A person may not offer for sale repossessed, reconditioned, rebuilt, or secondhand property, knowing the property to be repossessed, reconditioned, rebuilt, or secondhand, unless: The property is identified clearly as repossessed, reconditioned, rebuilt, or secondhand; or The circumstances of the sale make it clear to a reasonable purchaser that the property is repossessed, reconditioned, rebuilt, or secondhand. A person may not knowingly advertise for sale property or a service that the person does not possess or control for the purpose of inducing or increasing the sale of other property or service that the person possesses or controls. A person who issues, sells, or offers to sell a passenger ticket to board a vessel may not omit reference to the country of registry of the vessel in any advertisement or any other similar printed paper or notice, written or oral, regarding: The voyage or the ticket that entitles or purports to entitle its owner, purchaser, or holder to the voyage; The vessel for which the voyage is sold or offered; The line that the vessel is part of; or If applicable, that the person is an agent for the line or vessel. Reference in a printed advertisement to the country of registry of the vessel shall be no less prominently displayed than the balance of the material appearing in the advertisement. A person may not advertise for sale property subject to a ground rent at a stated price or on terms stating the amount of any installment payments without also stating the amount of the annual ground rent for the property. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service: As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or With the intent not to sell the merchandise, commodity, or service. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

A person that is a seller may not advertise or offer for sale a digital good using terminology that a reasonable person would understand to confer an unrestricted ownership interest in the digital good, unless, before executing the sale: The seller receives an affirmative acknowledgment from the purchaser of the following: That the purchaser is receiving a license to access a digital good; A complete list of restrictions and conditions of the license; and That access to the digital good may be unilaterally revoked by the seller if the purchaser no longer holds a right to the digital good; or The seller provides to the purchaser a clear and conspicuous statement that: States in plain language that the purchaser is buying a license for the digital good; and Includes a digital method to access the license details, terms, and conditions. The affirmative acknowledgment required under subsection (a)(1) of this section shall be distinct and separate from any other statement that the purchaser acknowledges. The clear and conspicuous statement required under subsection (a)(2) of this section shall be distinct and separate from any other statements, details, terms, or conditions. This section does not: Require a person to download a digital good; or Prohibit a person from storing a digital good on a server that can be accessed through the Internet. This section does not apply to a person who advertises or offers for sale: A subscription–based service that provides access to a digital good only for the duration of the subscription; Access to a digital good without the requirement for monetary consideration; or A digital good for which the seller is unable to revoke access after completion of the sale, including a digital good that is, at the time of purchase, available for permanent offline download to an external storage source to be used without a connection to the Internet. A violation of this section is: An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article; and Subject to the enforcement and penalty provisions contained in Title 13 of this article, except §§ 13–408 and 13–411 of this article.