Consumer Protection - Video Streaming Services - Loudness of Commercial Advertisements

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0985*

HOUSE BILL 985
I3 6lr1616
CF SB 528
By: Delegates Amprey, Ruff, and Kaiser
Introduced and read first time: February 6, 2026
Assigned to: Economic Matters

A BILL ENTITLED

AN ACT concerning 1

Consumer Protection – Video Streaming Services – Loudness of Commercial 2
Advertisements 3

FOR the purpose of prohibiting a certain video streaming service from transmitting to a 4
consumer in the State the audio of a commercial advertisement in a manner that is 5
louder than the audio of the accompanying video programming or video content of 6
the video streaming service ; and generally relating to the regulation of video 7
streaming services. 8

BY repealing and reenacting, with amendments, 9
Article – Commercial Law 10
Section 13–301(14)(xlvii) 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13

BY repealing and reenacting, without amendments, 14
Article – Commercial Law 15
Section 13–301(14)(xlviii) 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18

BY adding to 19
Article – Commercial Law 20
Section 13–301(14)(xlix) and 14–1330 21
Annotated Code of Maryland 22
(2025 Replacement Volume) 23

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25

Article – Commercial Law 26
2 HOUSE BILL 985

13–301. 1

Unfair, abusive, or deceptive trade practices include any: 2

(14) Violation of a provision of: 3

(xlvii) Title 14, Subtitle 50 of this article; [or] 4

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 5

(XLIX) SECTION 14–1330 OF THIS ARTICLE; OR 6

14–1330. 7

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9

(2) “CONSUMER” HAS THE MEANING STAT ED IN § 13–101 OF THIS 10
ARTICLE. 11

(3) “VIDEO PROGRAMMING” HAS THE MEANING STATED IN 47 U.S.C. 12
§ 613. 13

(4) (I) “VIDEO STREAMING SERVI CE” MEANS A N ENTITY THAT 14
TRANSMITS DIRECTLY TO A CONSUM ER USING AN INTERNET PROTOCOL –BASED 15
SYSTEM: 16

1. VIDEO PROGRAMMING OR VIDEO CONTENT; AND 17

2. COMMERCIAL ADVERTISEM ENTS TRANSMITTED 18
ALONG WITH THE VIDEO PROGRAMMING OR THE VIDEO CONTENT. 19

(II) “VIDEO STREAMING SERVICE” DOES NOT INCLUDE: 20

1. A TELEVISION BROADCAST STATION; 21

2. A CABLE OPERATOR; OR 22

3. ANY OTHER TELEVISION PROGRAMMI NG 23
DISTRIBUTOR. 24

(B) A VIDEO STREAMING SERVICE MAY NOT TRANSMIT TO A CONSUMER IN 25
THE STATE THE AUDIO OF A COMME RCIAL ADVERTISEMENT IN A MANNER THAT IS 26
HOUSE BILL 985 3

LOUDER THAN THE AUDIO OF THE ACCOMPANYING VIDEO PROGRAMMING OR VIDEO 1
CONTENT BEING TRANSMITTED BY THE VIDEO STREAMING SERVICE. 2

(C) A VIDEO STREAMING SERVICE SHALL BE CONSIDERED IN COMPLIANCE 3
WITH THIS SECTION IF THE VIDEO STREAMING SERVICE COMPLIES WITH 4
REGULATIONS THAT ARE ADOPTED: 5

(1) BY THE FEDERAL COMMUNICATIONS COMMISSION UNDER THE 6
FEDERAL COMMERCIAL ADVERTISEMENT LOUDNESS MITIGATION ACT; AND 7

(2) FOR THE PURPOSE OF R EGULATING THE AUDIO LOUDNESS OF 8
COMMERCIAL ADVERTISE MENTS OF TELEVISION BROADCAST STATIONS , CABLE 9
OPERATORS, AND OTHER TELEVISION PROGRAMMING DISTRIBUTORS. 10

(D) A VIOLATION OF THIS SECTION IS: 11

(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 12
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 13

(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 14
CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT §§ 13–407, 13–408, AND 13–411 15
OF THIS ARTICLE. 16

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18