Consumer Protection – False Advertising – Digital Goods

Clearer digital purchases, with changed protections

Beginning October 1, 2025, Maryland sellers using words that imply unrestricted digital ownership must explain when buyers receive a license instead. Before sale, sellers must either get a separate, active acknowledgment or give a separate, prominent, plain-language license notice. The acknowledgment must cover license restrictions and the seller’s ability to revoke access when the buyer loses the right to it. The alternative notice must explain how to find the license terms online. Subscription-only access, free access, and goods sellers cannot revoke are exempt, including permanent offline downloads to external storage. Covered digital codes include access codes and certain codes for previously purchased goods; the definition drops its express reference to retailer-bought promotional cards or codes. Violations now face consumer-protection enforcement and penalties instead of the former misdemeanor, criminal fine, or jail penalty. Commercial Law §§ 13-408 and 13-411 do not apply to these violations.