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“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.
New Jersey stakeholders are no stranger to the importance of a Supreme Court review. The state lost every case in the lead-up to the PASPA repeal, except for the one that mattered most in the end, and it could be the same in this matter as Kalshi has prevailed thus far in state court and the Third Circuit. Davenport’s petition cites that fateful PASPA ruling in its introduction.
“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”
What is Cowabunga Dream Drop?
Notably, it has also provided insight into the evidentiary standards French courts expect operators to meet before taking corrective actions that could be subject to legal challenge.
The regulator identified six key categories of fraud frequently encountered in online gambling. These included identity fraud, payment fraud and abusive chargebacks. It also covered in-game cheating, money-dumping and sporting event manipulation
For each category, the guide explained pertinent legal provisions and recommended operational actions.
About Cowabunga Dream Drop
Application providers, digital platforms, hosting services and media intermediaries must remove irregular advertisements and campaigns after notification from the competent authority. The rapporteur’s version requires that the notification clearly and specifically identifies any content deemed irregular and ensures the right to a fair hearing and full defence. Journalistic, academic, parliamentary, artistic and opinion content are expressly protected.
Operators and companies linked to them are also prohibited from acquiring, licensing, or exploiting rights to sporting events held in the country. In the area of administrative penalties, the rapporteur’s text incorporates the new infractions into the existing sanctions system in Law 14.790 of 2023, which provides for fines of up to BRL2 billion ($392.8 million).
One of the main changes made by Vieira is the creation of the crime of promoting unauthorised betting operators. The penalty is one to five years imprisonment. This may be increased by one-sixth to two-thirds when the promotion is done by a digital influencer, athlete, or well-known person, due to their greater ability to reach the public.
