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

2. (b) “Advertise” means:

   1. (1) To publish, circulate, disseminate, or place before the public in any way or through any medium for the purpose of selling merchandise; and

   2. (2) Advertising by:

      1. (i) Exterior or interior signs, including neon or other electrical signs;
      2. (ii) Radio, telephone, or television; and
      3. (iii) Newspaper, magazine, book, notice, or any other method or material.

3. (c) “Clear and conspicuous” means in a manner that clearly calls attention to the language, including text that is:

   1. (1) In larger type than the surrounding text;
   2. (2) In a contrasting type, font, or color to the surrounding text; or
   3. (3) Set off from the surrounding text by symbols or other marks.
4. (d) “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.

5. (e) “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:

   1. (1) Prerecorded or live songs;
   2. (2) Music;
   3. (3) Readings of books or other written materials;
   4. (4) Speeches;
   5. (5) Ringtones; or
   6. (6) Other sound recordings.

6. (f)

   1. (1) “Digital audiovisual work” means a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds.
   2. (2) “Digital audiovisual work” includes motion pictures, musicals, videos, news and entertainment programs, and live events.
7. (g) “Digital book” means a work that is generally recognized as a book and is transferred electronically, including a work of fiction or nonfiction.

8. (h)

   1. (1) “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.
   2. (2) “Digital code” includes a code used to access or obtain any specified digital goods, or any additional digital goods that have been previously purchased.

9. (i)

   1. (1) “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.
   2. (2) “Digital good” does not include a cable television service, satellite relay television service, or any other distribution of television, video, or radio service.
10. (j) “Person” includes an association, firm, partnership, corporation, or an agent or employee of any of these entities.

11. (k) “Property”, as used in § 14-2902(a) through (c) of this subtitle, includes:

    1. (1) Merchandise;
    2. (2) Real estate;
    3. (3) Securities;
    4. (4) Employment;
    5. (5) A loan made at interest;
    6. (6) Any contract relating to real estate, securities, service, employment, or the making of loans at interest; or
    7. (7) Anything else of value.

Added by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002. Amended by Acts 2025, c. 206, § 1, eff. Oct. 1, 2025.

Formerly Art. 27, § 195.