Online Gambling Law

Proposed Gambling Law Revision Aimed at Protecting Washington State Gaming Industry

January 30, 2020 by David Klein

January 30th, 2020

This month, the Washington State Senate and House of Representatives each released separate proposed bills – House Bill 2720 and Senate Bill 6568 – aimed at changing Washington’s gambling law. In response to the Ninth Circuit’s 2018 decision in Kater v. Churchill Downs Inc., Washington State’s legislature is attempting to redefine what constitutes “illegal gambling games” within the meaning of the State’s Recovery of Money Lost at Gambling Act (“RMGLA”). Through this proposed measure, the Legislature hopes to prevent Washington’s booming gaming industry from leaving the State.

How would this gambling law change protect Washington State’s burgeoning gaming industry?

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Iowa Fantasy Sports Becomes Reality

November 1, 2019 by David Klein

November 1, 2019

Iowa-fantasy-sports — Iowa Fantasy Sports

In an effort several years in the making, Iowa recently issued the State’s first fantasy sports license to DraftKings, Inc. (“DraftKings”). DraftKings wasted no time in getting its operations up and running, having launched its Internet-based Iowa fantasy sports service to the public in recent weeks.

What are some notable provisions of Iowa’s fantasy sports law?

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Mobile App Sweepstakes and the Law

October 10, 2019 by David Klein

October 10, 2019

The world’s population is increasingly reliant on smart phones and other similar mobile devices. Businesses have been adjusting to this new reality by pursuing consumer outreach through mobile applications (or “apps”) that can be downloaded and accessed via smart phones. Regardless of the medium or technology involved, one particularly potent means of attracting and interacting with consumers involves the use of sweepstakes and other promotional contests. Unsurprisingly, given the emerging trends in smart phone usage and the concurrent proliferation of mobile apps, there has been a wave of mobile apps designed to provide business owners with a platform to host their mobile app sweepstakes.

While mobile app promotions may provide business owners with an ideal combination of technology and marketing reach, there is a complex system of laws, rules and regulations that apply to each separately, as well as unique legal issues that arise when they are used together. One such issue centers around whether sweepstakes sponsors need to offer consumers a free, alternative means of entry (often referred to as an “AMOE”) in addition to the entry process made available via the mobile app itself.

Do You Need to Offer Consumers an AMOE with Your Mobile App Sweepstakes?

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Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR

October 4, 2019 by David Klein

October 4, 2019

On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”). Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device through means of pre-checked boxes. Instead, the Court ruled that for a user’s consent to be valid under the GDPR, consent must be both active and unambiguous.

Why don’t pre-checked boxes constitute valid GDPR consent? [Read More]

California Fair Pay to Play Act and College Athlete Marketing

October 2, 2019 by David Klein

October 2, 2019

For as long as the National Collegiate Athletic Association (“NCAA”) and universities have made money on college sports, people have debated whether college athletes should be compensated for their contributions to this lucrative revenue source. On September 30, 2019, the State of California made its position clear on the issue when Governor Gavin Newsom signed into law Senate Bill 206, the Fair Pay to Play Act (the “Law”). The Law opens up many college athlete marketing revenue streams and sets the stage for a possible showdown with the NCAA over the constitutionality of the Law.

How does the Law make way for college athlete marketing?

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Illinois Enacts Sports Gambling Law

July 10, 2019 by David Klein

July 10, 2019

At the end of June, Illinois Governor J.B. Pritzker signed into law a massive gaming initiative, which includes legalized sports gambling. While the sports gambling law’s passage does not mean that wagers on sporting events can be accepted right away, it does represent a major legal change in one of the country’s most populous states.

What are some of the key components of Illinois’ sports gambling law?

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Sports Gambling Law: Court Strikes Down DOJ Wire Act Opinion

June 7, 2019 by David Klein

June 7, 2019

In a significant development in the world of sports gambling law, the United States District Court for the District of New Hampshire has ruled against the Department of Justice (“DOJ”), striking down its recent opinion concerning the Wire Act’s application beyond sports betting.

Why did the Court strike down the Wire Act Opinion letter?

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New York Sports Betting Coming This Spring

March 25, 2019 by David Klein

March 25, 2019

The New York State Gaming Commission has formally published sports betting rules and regulations to allow a limited number of upstate casinos to accept wagers on sporting events. This follows a publication earlier in the year of proposed New York sports betting regulations, and is largely consistent with those prior proposals.

What does the Commission’s publication mean for New York sports betting?

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