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Compliance Updates

Pearson, Simon & Warshaw, LLP and Kaliel PLLC: New Class Action Lawsuit Challenges Fortnite’s Sale of Loot Boxes

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Pearson, Simon & Warshaw, LLP and Kaliel PLLC filed suit, Altes v. Epic Games, Inc. Case No. 2:19-cv-01488 in the U.S. District Court for the Central District of California on February 28, 2019, alleging that Defendant Epic Games, Inc., the developer of the wildly popular video game Fortnite, uses predatory tactics to lure players into making in-game purchases. Specifically, the Complaint challenges Fortnite’s unfair and deceptive marketing of its “loot boxes,” known as “Llamas,” in Fortnite Save the World.

The Complaint, which is filed as a class action on behalf of California consumers, is brought by Mr. Altes on behalf of his child, a minor. Melissa Weiner, an attorney representing Mr. Altes and his son, commented, “Fortnite’s conduct with respect to loot boxes is especially egregious because so many of its players are kids.”

A “loot box” is a virtual pack of goods which contains a randomized selection of virtual items to be used in a game. Loot boxes can contain everything from purely cosmetic items—known as “skins,” which offer no competitive advantages—to a variety of items such as “power ups” that can dramatically alter a player’s chance of progressing in the game. The loot boxes in Fortnite Save the World, known as Llamas, are of the latter variety, offering players a chance to advance in the game.

Recently, loot boxes have generated significant controversy, with some countries, such as Belgium, Netherlands, and Australia finding that they constitute illegal gambling, based on the fact that consumers pay real currency for potential “loot” that is not guaranteed.

Other countries, including China and Korea, have recently issued regulations requiring games with loot boxes to disclose the odds of winning loot box contents.  In the U.S., the Federal Trade Commission has vowed to investigate the use of loot boxes in video games, but so far, has taken no action.

Mr. Altes’ Complaint, which was filed in federal court in California, alleges that through both misrepresentations and omissions, Epic markets loot box Llamas in Fortnite Save the World as highly likely to contain valuable loot, but in reality, the Llamas do not contain the loot expected by the reasonable consumer, and especially by the reasonable minor. The Complaint alleges that Epic fails to disclose that the odds of receiving valuable loot are next to nothing, and, if players knew the actual odds of receiving the items they desired, they would not purchase the Llamas.

Sophia Gold, another attorney representing Mr. Altes, commented, “In nearly every other game of chance, the odds of winning are disclosed.”

Mr. Altes, who brings his claims under California consumer protection law, seeks both an injunction and a class-wide refund.

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Compliance Updates

BETER Makes U.S. Debut with vendor registration in New Jersey

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BETER Makes U.S. Debut with vendor registration in New Jersey

 

BETER, the award-winning provider of fast betting content, data, and live streaming, has obtained vendor registration from the Division of Gaming Enforcement (DGE), the regulatory authority in the U.S. state of New Jersey.

This marks BETER’s first regulatory approval in the United States, enabling the company to deliver its real-time data and live streams to licensed operators in New Jersey—empowering them to offer players non-stop, fast-paced betting experiences.

The first product approved by the New Jersey DGE is BETER’s flagship Setka Cup table tennis tournaments, which are already live on the New Jersey domain of tier-one sportsbook bet365, also operating in multiple U.S. states.

BETER arranges over 11,000 Setka Cup matches per month across over 16 arenas worldwide, offering  30+ betting markets per event. All contests are monitored 24/7 by BETER’s in-house integrity team, which is dedicated to upholding the highest standards of fair play and transparency.

In total, the provider organizes more than 46,000 fast betting events monthly across esports and sports disciplines. Its portfolio features ESportsBattle tournaments, which include popular titles such as eFootball, eBasketball, and eHockey, alongside classic sports like basketball, tennis, and table tennis. Additional disciplines are scheduled for release later in 2025.

BETER also provides an Esports Odds Feed which delivers market-leading odds for more than 450 tournaments globally with 40,000+ pre-match and live events each year. Odds are calculated using official data and are compiled by a team of expert traders.

Gal Ehrlich, CEO of BETER, said: “This is a milestone moment for the BETER team, as we see tremendous potential for our fast betting products and solutions in New Jersey and across the U.S.

“We’ve already built a strong reputation as a go-to provider in key markets from Latin America to Europe, and that trust has been instrumental in securing the approvals needed for our U.S. launch.

“Setka Cup has cultivated a loyal following worldwide, and we’re thrilled to introduce it to bettors in New Jersey—and in other U.S. states where we plan to go live in the coming months.”

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Valeriia Tarchynska, Chief Legal Officer at BETER, added: “Securing our first U.S. approval marks a significant legal and operational achievement for BETER. Our legal team, in close collaboration with our trusted partner, the law firm Blank Rome, worked tirelessly with the New Jersey DGE to bring this to life.

“But we are not stopping there. We are accelerating efforts to certify our ESportsBattle product for the New Jersey market, while actively pursuing licenses in all U.S. states where gambling is permitted—the key ones, as of today, being Colorado, Ohio, Florida, North Carolina, and Pennsylvania.”

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California

California Gambling Control Commission Reviews Licensing and Suitability Applications in April 2025 Meeting

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California Gambling Control Commission Reviews Licensing and Suitability Applications in April 2025 Meeting

 

The California Gambling Control Commission (CGCC) convened its latest public meeting to deliberate on a broad range of licensing, regulatory, and suitability matters concerning individuals and entities engaged in California’s gambling and tribal gaming industries. The comprehensive session covered over a dozen agenda items and featured detailed reviews of employee licenses, work permits, third-party proposition services, tribal gaming suitability, and supplier renewals.

Key Highlights from the April 2025 Commission Meeting:

1. Initial and Temporary Key Employee Licenses

The Commission evaluated the initial applications of Louis Garcia and Bounlek Syvilay, with differing staff recommendations. Garcia’s case was recommended for referral to an evidentiary hearing due to concerns related to illegal gambling. Syvilay, on the other hand, received a conditional approval pending regular updates on delinquent tax obligations.

2. Work Permit Renewal Denials

The renewal work permit for Charlene Gonzales was recommended for denial by Commission staff.

3. Third-Party Proposition Player Services Licenses

Applications from entities like KBCH Consultants, Inc. and Players Edge Services were reviewed. Jared Francis (KBCH) received a conditional recommendation, requiring proof of debt resolution, while Jarrel Guieb (Players Edge) was recommended for straightforward approval.

4. Gaming Resource Supplier Suitability Findings

Several major suppliers received approval for either initial or renewal findings of suitability under California’s tribal-state compacts, including:

  • Aristocrat Technologies, Inc.

  • Giesecke+Devrient Currency Technology America, Inc.

  • HCAL, LLC (Caesars Entertainment)

  • IGT (International Game Technology)

  • Interblock USA, L.C.

  • Surveillance Systems Integration, Inc.

These approvals, spanning expiration dates through 2027, reflect ongoing compliance and operational integrity.

5. Key Employee Suitability Findings for Tribal Casinos

Dozens of applicants across tribal gaming properties received either initial or renewal findings of suitability. Highlights include approvals for employees at:

  • Fantasy Springs Resort Casino

  • Jamul Casino

  • Tachi Palace Hotel and Casino

  • Agua Caliente Casinos (multiple locations)

  • Sycuan Casino and Resort

  • Graton Resort & Casino

  • Thunder Valley Casino Resort

  • Yaamava’ Resort & Casino at San Manuel

These decisions reflect the Commission’s continued oversight of individuals holding influential roles in tribal casino operations throughout California.

6. Third-Party Employee Licensing – Extensive Review

The Commission reviewed an extensive list of initial and renewal applications for third-party proposition player services employees across several operators including:

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  • Blackstone Gaming, LLC

  • Knighted Ventures, LLC

  • Progressive Gaming, LLC

  • F2 TPS, LLC

  • L.E. Gaming, Inc.

Hundreds of individual applications were evaluated, with most receiving recommended approvals through 2027.

7. Commission Work Permits and Renewals

Work permit renewals for cardroom employees at venues such as Casino Merced, Empire Sportsmen’s Association, and Napa Valley Casino were also considered and approved.

8. Tribal-State Compact Supplier and Key Employee Hearings

Default decisions were discussed for applicants who did not respond or attend scheduled hearings. These included applicants for tribal-state compact key employee findings and third-party proposition player licenses. No staff recommendations were issued for these hearings.

9. Authorized Table Requests

Stars Casino submitted a request regarding the number of authorized tables. The staff recommended that the Commission take no action at this time.

10. Consent Calendar Approvals

The Commission recommended approval of multiple consent calendar items, with exceptions noted for select applicants.

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Compliance Updates

Delaware Shuts Down Illegal Online Slots

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An investigation by the Delaware Division of Gaming Enforcement (DGE) into VGW Luckyland Inc. – a subsidiary of the Australian-based VGW Holdings Ltd. – revealed that VGW Luckyland Inc. was operating illegal online gaming. Delaware officials concluded that VGW misrepresented its services as a promotional sweepstakes while enabling players to purchase coins for casino-style games, leading to potential cash winnings. These types of real-money games offered to Delaware residents by an unlicensed entity violate the Delaware Constitution, the Delaware Penal Code and the Delaware Gaming Competitiveness Act of 2012.

With the support of the Delaware State Lottery, DGE issued a cease-and-desist order to VGW. Effective April 2, 2025, Delaware residents can no longer participate in VGW Luckyland’s unlicensed online gaming platforms.

The DGE and Delaware Lottery emphasize the importance of legal and responsible gaming practices to protect residents. Unregulated gaming poses significant risks, including limited withdrawal options and potential exposure to cybercrime, identity theft, and fraud. Officials caution that unauthorized online gaming has become a prime target for schemes where cybercriminals attempt to steal not only your money, but personal information, bank account details, and other personal information. Gaming on these unregulated sites can expose players to serious risks such as unauthorized transactions, identity theft, or other types of fraud. Unlike regulated Delaware Casinos, these illegal platforms don’t follow any oversight or consumer protection rules.

Some of these unregulated websites can give the false impression that they are legitimate by copying the branding of Delaware Casinos. They may employ tactics such as using similar-sounding names, matching logos, and lookalike URLs to appear legitimate. This can make it harder for consumers to tell a legal platform from a fake one.

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