Legal Question in Technology Law in New York
Multi Channel Lottery Sales
Hello,
This question may be a little unusual, however I will ask it anyway..
I am Product Development Director for a UK based company called Obscure
Solutions. We are in the process of developing a lottery
gaming product that will allow lottery operators to sell their tickets
over multiple channels such as WAP/3G, the internet and the
telephone. We beleive that this product will significantly increase
ticket sales for any company using it. However are having difficulty
in determining whether the US gaming rules would prohibit this sort of
ticket sale. Would it be possible for you to confirm whether are
product is viable/legal.
Any and all help is much appreciated
Regards,
Product Development Director
Obscure SOlutions
0044 7816848154
3 Answers from Attorneys
Re: Multi Channel Lottery Sales
This is obviously a question mainly of US Federal Law with some State input in terms of point of sales issues. We have been involved in a similar product in the UK and even with a relatively small unified jurisdiction the regulatory advice, mostly legal, ran into six figures in no time. Sorry to sound less than positive but I think you may want to at least consider a partnering arrangement with someone who has existing resources/business in this area.
Re: Multi Channel Lottery Sales
You should be aware that in the US gaming rules are state-by-state so you need an answer from 51 jurisdictions (the 50 states plus the District of Columbia). That said, it is easy enough to determine which states represent the most important from a gaming perspective (i.e. which state(s) represent the most dollar-volume for such games) and to determine their rules/regs in this regard.
Of course, the above means that no clear-cut answer can be given easily. However, if you are interested in having the economic/legal analysis done, my firm specializes in this nexus of economics and the law. We'd be happy to discuss this with your company and to provide you the answers you seek. Feel free to contact my office at 212.366.1324. By the way, I do have an associate in the UK who could act as a local liason if such becomes advisable.
Whether you call on us or not, I wish you the best of luck: we love telecoms solutions to everyday problems and sounds like your company has a winner on its hands -- no pun intended!
John Friedman
Re: Multi Channel Lottery Sales
In addition to the various applicable state laws, there are also federal laws which may bear significantly on what your company seeks to do. For example, federal authorities have been able to successfully use the Wire Wager Act (which was originally enacted to address sports wagers conducted by telephone) to go after Internet gambling enterprises. There may also be federal laws dealing specifically with the interstate sale of lottery tickets, which may be relevant.