New York gambling advertising laws to change? – To play

Just a year ago, online sports betting was introduced in upstate New York. Throughout 2022, New York set records in sports betting tax revenue, surpassing every other state in the nation. According to Governor Kathy Hochul, New York generated an unprecedented $73 million in mobile sports betting tax revenue in September 2022 alone. In addition, the state collected $542 million in taxes for the week ended October 30, 2022. Add to that an additional $200 million in royalties and you have a huge revenue stream. With this burgeoning industry comes a potentially lucrative opportunity for marketing companies to get involved in New York State-targeted gaming advertising. However, before launching any new marketing campaign, especially if mobile sports betting has only recently been legalized, it is important to consult an experienced New York gambling advertising attorney to ensure compliance with applicable regulations.

New legislation affecting gambling advertising in New York

As interest in sports betting continues to break records in New York, it seems lawmakers are looking for ways to protect the best interests of the state’s residents. Just last week, two New York Senators, Luis R. Sepúlveda and Leroy Comrie, introduced Senate Bill 1550, which requires all advertisements to contain warnings about the potentially harmful and addictive effects of gambling. In particular, the bill would amend the Racing, Pari-Mutuel Betting and Breeding Act in relation to all gambling and sports betting advertising. The new measure would require such advertising to contain warnings about the possible harmful and addictive effects of gambling. In addition, the State Gaming Commission would need to work with the New York State Office of Addiction Services and Supports (“OASAS”) to ensure that all reports of gambling activity include a problem gambling hotline. Such postings should also include information explaining how individuals can add their names to the self-excluded list. Please note that the bill will expire on April 60^th day after it becomes law.

Revenue from New York Gambling Benefits State Residents

According to the Governor’s Office, proceeds from New York’s legalization of online sports betting will benefit educational initiatives, including efforts to help citizens with gambling addictions. OASAS Commissioner Chinazo Cunningham explained this, “OASAS stands ready to provide services and support to New Yorkers struggling with problem gambling. This additional mobile sports betting revenue will enable OASAS to expand key prevention, treatment, harm reduction and recovery services statewide.” Regardless of whether the law passes or not, it should be clear that any New York-based gambling advertising campaign should include gambling addiction references.

How to make sure your New York based gambling advertising campaign is compliant

While the bill is still in the early stages of the legislative process, the measure is likely to be passed in one form or another. Therefore, companies should start reviewing their New York gambling advertising campaigns for a future revision. In light of the potential new law, companies are hoping to enter The New York sports betting market should take extra precautions before setting up their marketing campaigns. Compliance with advertising regulations may seem simple at first glance. However, as many companies have learned over the years, this is far from the case.

As such, businesses should seek advice before undertaking any New York based gambling promotion to avoid potential social media, regulatory and legal challenges.

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The content of this article is intended to provide a general guide to the topic. Professional advice should be sought in relation to your specific circumstances.