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Sports Betting Advertisement Numbers Actually Decreasing
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May 2, 2024
Sports Betting Advertisement Numbers Actually Decreasing
By: Jordan Briggs
Legal online sportsbetting, is still relatively new in America.[1] Over the last six years, as more states have legalized online sportsbetting, Americans have noticed more and more ads, leaving some feeling inundated with these ads.[2] But have Americans really seen more online sportsbetting ads, or have they only noticed more ads? Today, the American Gaming Association (“AGA”) published a summary of its research finding that in 2023, for the second year in a row, “fewer television ads for sports betting [aired] than for other familiar products marketed to adults.”[3] Americans are actually seeing 33% less ads for sportsbetting than they saw in 2021 and 15% less than in 2022. Additionally, according to the AGA, sportsbetting only accounted for 0.4% of…
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Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…
CFPB Banking in Video Games and Virtual Worlds
April 25, 2024
CFPB Banking in Video Games and Virtual Worlds
By: Jordan Briggs
Converting your dollar to donuts,[1] or whatever in-game currency you choose, has never been easier. As microtransactions online become easier to execute and more prevalent, the in-game economies start to resemble traditional banking—minus the standard banking protections. This issue is not lost on the Consumer Financial Protection Bureau (CFPB). Earlier this month, the CFPB released an Issue Spotlight on “Banking in video games and virtual…
Maryland Report Supports iGaming Expansion – Should More States Start to Consider Legalization?
November 17, 2023
Maryland Report Supports iGaming Expansion – Should More States Start to Consider Legalization?
By: Sara Dalsheim
In its effort to legalize online slot machines, table games, and poker (“iGaming”), the Maryland Lottery and Gaming Control Agency (“MLGCA”) hired the Innovation Group to create a wide-ranging report that would analyze the projected Maryland market, provide legislative and rule recommendations, and summarize both best practices and pitfalls to avoid in launching iGaming in Maryland (“Report”). The Report, released on November 15, 2023, reviewed…
DraftKings Should Prevail in NFT-Securities Litigation
October 13, 2023
DraftKings Should Prevail in NFT-Securities Litigation
By: Jake Gray
In February 2022, we wrote about the extent to which NFTs could raise novel securities laws questions, invoking the case of Friel v. Dapper Labs and utility-based NFT offerings conjoined to ownership-based privileges associated with securities. A year later, in February 2023, a judge from the U.S. District Court for the Southern District of New York denied Dapper Labs’s motion to dismiss, holding that the…
Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets
September 29, 2023
Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets
By: Sara Dalsheim
The kickoff of the NFL 2023-2024 season has held many surprises: drastically favored teams lost to their underdog opponents; surprise rookies broke out like Bijan Robinson and Puka Nacua; sports media outlets aggressively reported on the Taylor Swift-Travis Kelce courtship; and much more. What has not been surprising, however, is the surge of signups on legal sports betting websites. Indeed, the influx of new users…
A Cautionary Tale Courtesy of Fortnite
September 21, 2023
A Cautionary Tale Courtesy of Fortnite
By: Steven Eichorn
A fast-growing segment of online gaming is the in-game purchase on (sometimes free) games/apps in exchange for virtual items. The virtual items can be mere cosmetic game enhancements, features that increase a player’s likelihood of success, and many other options. Because these virtual items are purchased with real world funds, companies must be vigilant in employing good practices such as clear and conspicuous disclosures of…
Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement
August 28, 2023
Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement
By: Sara Dalsheim
A top concern of online gaming regulators is the control and dissemination of advertising. In connection with these concerns sites like Meta, X (formerly known and commonly referred to as Twitter), and Google have released online gambling advertising policies and requirements. To run online gambling and gaming advertising on Meta / Facebook users are required to obtain written permission to promote online gambling and gaming.[1]…
