36.03.03.08

.08 Predatory Marketing.

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

B. Term Defined.

(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:

(a) False or deceptive;

(b) Illegal; or

(c) Knowingly directed to an individual:

(i) Who is under the age of 21 years;

(ii) Whose name is included on the voluntary exclusion list maintained by the Commission under COMAR 36.01.03;

(iii) Whose name is included on the mandatory exclusion list maintained by the Commission under COMAR 36.03.07; or

(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) “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:

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

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

(i) Obscures or fails to disclose any material condition or limiting factor associated with the activity, product, or service that is being marketed; or

(ii) Obscures the gambling assistance message required under COMAR 36.03.06.

C. A facility operator may not:

(1) Engage in a predatory marketing practice; or

(2) Contract with another person to engage in a predatory marketing practice.