Posts Tagged: Fantasy Sports

Get Yer Bets in on Iowa: Legal Political Prediction Gambling

Did you know that you can legally trade futures contracts on whether Trump tanks in Iowa or Sanders soars in New Hampshire? Two not-for-profit “stock” markets allow online trading – with real money – on a political prediction market. The Iowa Electronic Markets (IEM) and PredictIt are online not-for-profit “stock” markets run by the University of Iowa and Victoria University, Wellington in New Zealand for educational and research purposes. On these markets people can buy and trade futures contracts based upon predictions of electoral results with trading accounts of up to $500 on IEM and $850 on PredictIt.

How can this be? Both the IEM and PredictIt have received no-action letters from the U.S. Commodities Futures Trading Commission saying these markets were not regulated by the Commodity Exchange Act. (more…)

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Government to Citizens: Powerball Good/Daily Fantasy Sports Bad

What’s good for the goose isn’t always good for the gander.

44 states are selling legal lottery tickets to hopeful citizens with the 1 in 292.2 million chance of becoming a billionaire. (For those keeping score, you can’t play Powerball in AL, AS, HA, MS, NV and UT.)

At least 8 states have declared daily fantasy sports illegal gambling; all of these states, except Nevada, allow Powerball. (Again, for the score keepers, no DFS in AZ, IO, LA, MT, NV, WA, IL and NY*) *NY appellate court recently said o.k. for now.

What’s the difference? Your government said so. (more…)

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Another One Bites the Dust – Daily Fantasy Sports Update

On Wednesday, the Illinois Attorney General declared daily fantasy sports illegal under Illinois gambling law.  The AG Lisa Madigan gave her opinion in response to a request from two legislators who are pushing to legalize this activity.  Interestingly, the AG believed the issue of whether it is a game of chance or a game of skill is irrelevant because any game played for money under Illinois law is illegal gambling.

The AG sent a letter to counsel for FanDuel and DraftKings expecting them to amend their Terms of Service to include Illinois as a prohibited state.

For now, Illinois joins New York, Arizona, Iowa, Louisiana, Montana, Nevada and Washington as states prohibiting daily fantasy sports. More to follow?

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Upcoming Webinar: “What All Lawyers Must Know About Fantasy Sports Gambling”

On January 20, from 1:00 – 2:30 PM, Rob Laplaca will present a Lorman webinar titled “What All Lawyers Must Know About Fantasy Sports Gambling.” The program will answer the questions on everyone’s minds concerning fantasy sports leagues and attendees will learn the legal basis for the operation of these leagues, as well as the basics concerning the differences between games of chance and games of skill to help understand the crux of the current debate on whether these leagues are operating legally. Attendees will also be kept abreast of the latest developments in this rapidly changing field and learn different options for operating legal fantasy sports leagues.

Information about this webinar is available on the Lorman website. Anyone registering for this webinar via the link provided here will receive a 50% discount on the registration fee for this event.

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Maybe it is Gambling – Fantasy Sports Leagues Under Fire

This week we wrote that fantasy sports leagues were (arguably) legal because they are games of skill under the Unlawful Internet Gambling Enforcement Act (UIGEA). Yesterday, however, the Nevada Gaming Control Board concluded – after several months of investigation – the pay-to-play daily fantasy sports leagues (DFS) were gambling under the Nevada Revised Statues and therefore, the operators must possess a gaming license from the Nevada Gaming Commission. The full Notice to Licensees of the Legality of Offering Daily Fantasy Sports in Nevada is set forth here. In response, the two largest daily fantasy sports operators, DraftKings and FanDuel, issued statements that they are, at least temporarily, suspending operation in Nevada. (more…)

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Isn’t Fantasy Football Illegal Gambling?

Everyone is familiar with the phrase “No Purchase Necessary.” That’s because promotions based on chance – sweepstakes, giveaways, or any promotion where a winner is randomly selected – cannot require a purchase (i.e., consideration) for the chance to win a prize. This is important for many businesses who use promotions to attract new customers.

So, why does it seem that fantasy football is different?

You can’t miss the ads on ESPN, CBS, Fox Sports, among many others, encouraging you to go online and win tons of money playing fantasy football, baseball, and hockey, among others. According to one commercial, one lucky player won $2 million with just a $35 investment. Does this sound like gambling? (more…)

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