1. A. Definition. In this regulation, the following term has the meaning indicated.

2. B. Term Defined.

   1. (1) “Predatory marketing practice” means an advertisement or promotion of an activity, product, or service related to play of a video lottery terminal or table game that is:

      1. (a) False or deceptive;
      2. (b) Illegal; or

      3. (c) Knowingly directed to an individual:

         1. (i) Who is under the age of 21 years;
         2. (ii) Whose name is included on the voluntary exclusion list maintained by the Commission under COMAR 36.01.03;
         3. (iii) Whose name is included on the mandatory exclusion list maintained by the Commission under COMAR 36.03.07; or
         4. (iv) Who is otherwise prohibited by law or court order from being on the premises of any video lottery operation licensed by the State.

   2. (2) “Predatory marketing practice” includes an advertisement or promotion of an activity, product, or service related to play of a video lottery terminal or table game that:

      1. (a) Uses or depicts an individual who is, or appears to be, under the age of 21 years;

      2. (b) By font, color, placement, or any other means:

         1. (i) Obscures or fails to disclose any material condition or limiting factor associated with the activity, product, or service that is being marketed; or
         2. (ii) Obscures the gambling assistance message required under COMAR 36.03.06.

3. C. A facility operator may not:

   1. (1) Engage in a predatory marketing practice; or
   2. (2) Contract with another person to engage in a predatory marketing practice.

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-07, 9-1A-08, 9-1A-11, 9-1A-13, 9-1A-19, 9-1A-23, 9-1A-24, and 9-1A-36,
Annotated Code of Maryland

Effective date:

Regulations .01—.09 adopted as an emergency provision effective March 1, 2013 (40:6 Md. R. 470); emergency action expired effective July 20, 2013

Regulation .01A amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R 529)

Regulation .04C amended effective March 14, 2016 (43:5 Md. R. 388)

Regulation .04F amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective October 27, 2014 (41:21 Md. R. 1262)

Regulation .04F repealed effective March 14, 2016 (43:5 Md. R. 388)

Regulation .05 amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R 529)

Regulation .06A amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R 529)

Regulation .07A amended effective October 23, 2017 (44:21 Md. R. 985); October 22, 2018 (45:21 Md. R. 976)

Regulation .07A amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R 529)

Regulation .07B amended effective March 30, 2015 (42:6 Md. R. 515)

Regulation .10 adopted as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); adopted permanently effective May 27, 2024 (51:10 Md. R 529)