Restitution complaint filed by NYAG against FD and DK re DFS players’ losses in NY.

In a savvy legal maneuver, the NYAG has amended its complaint against FD and DK seeking #DFS players’ full restitution for losses suffered on their sites in NY; this brilliant litigation tactic may not work, but it will almost certainly pit 90 + % of DFS players against the sites. I predict that DFS players today will be no different than iPoker players (or most other Americans for that matter) – give me my $ back…!

Restitution complaint filed by NYAG against FD and DK re DFS players’ losses in NY.

 

By Mistake or By Design: Why Does DraftKings Technology Not Block Proxies To Keep DFS Users From Restricted US States?

Saturday, November 14th 2015Ian J. Imrich, Esq.

Experts in geolocation — the technique of determining a computer’s location — say that blocking proxies is one of the first, and most straightforward, steps that websites take to keep users from restricted areas off the sites.

DraftKings clearly states the importance of complying with the laws of certain US jurisdictions. But as reported by the New York Times (whose investigative journalists probed the matter), some question the sincerity of the site operator’s terms of use.

By stating in the “terms of service” that users in some regions are not allowed, while at the same time doing little to enforce the rule, online gambling companies around the world often try to have it both ways, said Feda Mecan, a senior official at Playing Legal, a site based in Germany that is devoted to legal gambling in the United States. “I think they are playing that card, to be honest,” Mr. Mecan said.

Then, according to a poker web forum the NYT has reported, a DraftKings employee appeared to provide public advice on how to circumvent geographic restrictions in the United States.

“It seems absurd that a daily fantasy sports operator with financial means would not implement the best possible technology,” Professor Marc Edelman of Baruch College said.

Whether by mistake or perhaps by design, the failure to timely, properly, and regularly employ readily available Geo-Blocking technology to comply with jurisdictional rules in certain States throughout the nation could prove disastrous in the ongoing investigations and pending legal proceedings against of one of the top two daily fantasy sports companies currently operating within the US.

Is The NFL Now Distancing Itself from Daily Fantasy Sports; and if so, Why Now…?

Friday, November 13th, 2015 – Ian J. Imrich, Esq. 

The fantasy sports gaming business in the US is almost entirely unregulated. That’s just the way the NFL has always wanted it — until now.

After NFL’s lobbying extensively in late 2006 to get a “carve-out” from the hastily passed Unlawful Internet Gaming Enforcement Act (UIGEA) — a carve out that the US Department of Justice never supported (and if reports coming out are true) —  the NFL is now quickly attempting to distance itself from the Daily Fantasy Sports (DFS) industry.  See, e.g., NFL is reviewing the entire fantasy sports situation, reports the New York Post.

Why now? Well, here are just a few possible reasons that might help to explain the NFL’s Fall of 2015 back-tracking:

-Legal challenges to the nationwide sports betting ban in Federal Courts are pending and the NFL remains vehemently opposed to any sort of legalized sports wagering (while the NBA by contrast favors regulated sports betting);

-Two major NFL owners could be forced to sell their huge equity stakes within the DFS industry;

-NFL policy strictly prohibits NFL employees or team owners from participating in or facilitating any form of gambling  — yet the same prohibitions do not apply to unregulated DFS skill gaming;

Meanwhile, what have Bob Kraft, Jerry Jones, and one major DFS site operator said about these reports?  So far, The Cowboys, Patriots and DraftKings have declined comment.  Will await to see how long their silence is deafening…

Why is UK-Based Daily Fantasy Sports Site FanDuel Only Now Applying For A License in the UK …?

Los Angeles, CA — November 6, 2015

Endemic gaming blogs are now reporting and FanDuel itself has confirmed that it is now applying for a gambling license in the UK vis-a-vis fantasy sports gaming.  See, e.g., http://www.legalsportsreport.com/5900/fanduel-uk-gambling-license/?utm_content=buffer93674&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Why Now?  (Especially given the fact that FanDuel is — and has been for some time — a UK-based gaming company that has not ever previously offered its DFS services to customers / markets beyond the US and Canada) Because the US market has become increasingly cloudy on the legal and regulatory front – as simple as that.

While the US market for DFS has not and will not likely be entirely shut down, it is now abundantly clear that it’s going to be a potpourri of State-by-State regulations and with uncertainty as to ring-fenced intra-state gaming activity versus inter-state customer pooling and resulting liquidity via State to State compact, and all with the possibility of Federal Intervention lurking ominously in the background — currently during an election year in the US.
Of course, FanDuel could have made this move years ago.  The same could be said for its chief competitor Draft Kings.  But, as is the case in many an eCommerce industry (or brick and mortar for that matter), the threat of regulatory activity and possibility of legal enforcement often hastens the moves of companies who have yet to diversify, divest, and divulge.
Strategic business maneuvering is more art than science.   Here the creativity, while somewhat tardy, is still artistic.
–IJI