Consumer Protection - Video Streaming Services - Loudness of Commercial Advertisements
Summary
SB 528 would prohibit video streaming services from transmitting commercial advertisements to Maryland consumers at a louder audio level than the accompanying video programming or content. The bill defines “video streaming service” to cover internet protocol-based services that deliver video programming or video content along with ads, while excluding broadcast stations, cable operators, other multichannel video distributors, ad-free services, and websites or apps whose primary purpose is not video programming.
The bill also creates a new section in the Commercial Law Article establishing this loudness standard and ties violations to Maryland’s existing unfair, abusive, or deceptive trade practices law. A streaming service that complies with applicable Federal Communications Commission loudness regulations for television advertising is deemed in compliance with the Maryland requirement. The measure expressly states that it does not create a private right of action, so enforcement would proceed through the state’s consumer protection framework rather than individual lawsuits.
Impact
SB 528 amends the Commercial Law Article by adding § 14-1330 and by incorporating violations into § 13-301’s list of unfair, abusive, or deceptive trade practices. It extends Maryland consumer protection law to a specific aspect of streaming advertising—commercial loudness—while exempting certain traditional television distributors and non-primary video websites/apps. Enforcement would follow Title 13 remedies and penalties, but the bill excludes some Title 13 provisions and bars private lawsuits under the new section.
Sentiment
The bill appears to have broad support and little visible opposition. It received a favorable committee report with amendments, was adopted by the Senate, and passed third reading unanimously in the Senate by a 45-0 vote. The available record suggests the measure was viewed as a consumer-protection update aligned with existing federal loudness standards rather than a controversial new regulatory burden.
Contention
The main policy issue is the scope of regulation over streaming platforms versus traditional television distributors. The bill narrowly targets services that deliver video programming with ads over the internet, while excluding broadcast, cable, and other multichannel distributors, as well as ad-free services and non-video-primary websites or apps. Another point of potential contention is enforcement: the bill treats violations as deceptive trade practices but explicitly denies a private right of action, limiting enforcement to state mechanisms rather than consumer-initiated litigation.