On January 1, 2023, a new law went into effect that legalizes sports gambling at brick-and-mortar locations, and via the Internet and mobile devices in the State of Ohio. Unsurprisingly, sports gambling marketing in Ohio has begun with a vengeance. Because this is a new law, in a new jurisdiction, companies will need to ensure compliance at every step of their advertising campaigns in order to avoid regulatory exposure and potential fines. Companies looking to capitalize on this new market must be aware of the particular scrutiny surrounding newly legalized sports gambling. In fact, to be sure that your marketing campaign is compliant with Ohio’s new law, it is best to consult with an experienced sports gambling marketing attorney.
Ohio Law and its Impact on Sports Gambling Marketing
According to the Ohio Legislature, the law “makes a number of changes to Ohio’s gambling laws, legalizing sports wagering through a variety of channels and raising tax and fee revenue accruing to the state.” Specifically, the law permits sports betting online, at casinos, racinos, and at stand-alone betting kiosks in bars, restaurants and professional sports facilities. People are now able to “place wagers on professional sports teams, motor sports, Olympic events, golf and tennis and major college sports such as football and basketball.” The law vests regulatory oversight of sports gaming activities in the Ohio Casino Control Commission (“CAC”). With its expansion into sports gambling, marketing companies now have multiple avenues to pursue in Ohio.
Ohio Governor Already Concerned About Sports Gambling Marketing
Governor Mike DeWine, who signed the legislation into law, has already questioned “the legality of some gambling outfits’ practices” in the few days that sports gambling has been open to the public. DeWine is particularly concerned with the manner in which companies are running sports gambling marketing in his State. In a recent article, DeWine explained that, “[t]he companies that are doing the massive advertising need to be aware that they are being looked at very closely by the governor and the Casino Control Commission in regard to statements that they are making . . . .” Specifically, DeWine is convinced that on several occasions already, companies have “crossed the line.” Given the foregoing, companies must be careful in rolling out their advertising campaigns; their efforts must be strictly compliant with the new law. The CAC has advised that it will be “vigilant in monitoring sports gaming ads and promotions and will not hesitate to take administrative action for repeated violations.”
Consult an Experienced Sports Gambling Marketing Attorney!
As with any new law, there may be complicated and untested regulatory requirements that marketing companies must comply with. Businesses seeking to enter the Ohio sports gambling market should take extra precautions before setting up their marketing campaigns. Complying with advertising regulations may appear simple at first glance. However, as many companies have learned over the years, this is anything but the case.
As such, businesses should seek counsel before running any sports gambling promotion to avoid potential social media, regulatory and legal challenges. If you are interested in learning more about this topic or require assistance with your sports gambling marketing promotions, please email us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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