ABOUT THIS CASE
English Premier Fantasy Football License Issues?
Fantasy sports activities must be determined by statistics generated based on individual participants’ performance and skill participating in virtual imaginary athletic events. The outcome cannot be based solely on an individual athlete’s performance or on the score, point spread, or any single real team’s performance or combination of real teams.
Background
Client, English Premier Fantasy Football League (hereinafter “League”) intends to operate, under New Jersey State Law, the 2006 Unlawful Internet Gambling Enforcement Act (“UIGEA”), the Interstate Wire Act (the “Wire Act”), and the Federal Antigambling Statute (the “Gambling Act”).
Legal Strategy
Bill A3532 expressly states that “fantasy sports activities” are “contests in which the relative skill of the participants predominates to a degree that chance plays no material role in determining the outcome of the activities,” and, therefore, such activities are not considered gambling under New Jersey law. This approach is consistent with the approach taken by the New Jersey Division of Gaming Enforcement, which also enacted a regulation allowing casino licensees to conduct fantasy sports tournaments.
Result/Implication
This case is being litigated. Results to come.