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Compliance Updates

U.S. District Court Confirms Federal Wire Act Applies only to Sports Betting Activities

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NeoPollard Interactive LLC and New Hampshire Lottery have been thrilled by the U.S. District Court decision which confirms that the federal Wire Act applies only to sports betting activities. This decision is important for the U.S. lottery industry as a whole as it alleviates concerns pertaining to the transmission of lottery data over the Internet, whether in connection with traditional retail or online lottery sales.

The Wire Act subjects to criminal liability any person who “knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers.”

In January 2019, OLC released a new opinion concluding that the Wire Act extended beyond the sports-betting context to criminalise the interstate transmissions of all bets or wagers, whether or not they are sports-related—thereby reversing the conclusions of the 2011 opinion and threatening to shut down the burgeoning iLottery industry.

Working alongside the New Hampshire Lottery Commission, NeoPollard Interactive and Pollard Banknote, the New Hampshire Lottery’s technology providers, immediately sought a declaratory judgment in federal court that the OLC’s new Wire Act interpretation was based on an incorrect reading of the statute.

By concluding that the Wire Act applies only to transmissions related to bets or wagers on a sporting event or contest, Judge Paul Barbadoro safeguards the New Hampshire Lottery and NeoPollard Interactive from the threat of unlawful prosecution in New Hampshire, Michigan, and in each other U.S. state where NeoPollard Interactive operates.

“We are very happy with the recent judgement regarding the interpretation of the Wire Act. This is a great success for the Lottery industry generally and iLottery specifically, as it ensures that the sale of both iLottery games and national and regional multi-state games across all sales channels can continue to be strong contributors to lottery sales and the good causes that lotteries in the United States support. In terms of iLottery, we know first-hand the positive effect that these operations have not only on sales, but on the overall player experience. We look forward to continuing to provide state-of-the-art iLottery products and strategies to lotteries as they explore new, interactive sales channels,” Doug Pollard, Co-Chief Executive Officer of NeoPollard Interactive said.

“We are pleased that not only will our national and regional multi-state game sales carry on, but also importantly that our own relatively new yet highly successful iLottery operations will be able to continue. Since the launch of our iLottery program last year, we have seen an increasingly positive response from our players, resulting in higher returns to education programs in New Hampshire. We are grateful for the leadership and support from the New Hampshire Attorney General’s Office, NeoPollard Interactive and Pollard Banknote in this highly complex matter. We are excited to continue our strong partnership with NeoPollard Interactive to provide entertaining online products that deliver an enhanced play experience to all our customers,” Charlie McIntyre, Executive Director of the New Hampshire lottery said.

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Compliance Updates

Texas Lottery Moves to Ban Lottery Courier Services

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Texas Lottery Commission Executive Director Ryan Mindell on Monday, Feb. 24, issued a Policy Statement, announcing that lottery ticket courier services are not allowed under Texas law and that the agency will move forward with proposed rule amendments prohibiting lottery courier services within the state.

The Policy is effective immediately and aligns with legislative efforts to address serious concerns raised by players and state leadership regarding the integrity, security, honesty, and fairness of lottery operations. Under the proposed amendments, a retailer that works in concert with a courier service would have their lottery ticket sales agent license revoked. The rule amendments will be formally proposed by agency staff to the Commission board at an open meeting scheduled for Tuesday, March 4, with the intent for the amendments to be adopted at an April open meeting following a 30-day public comment period.

Couriers are unregulated companies that take lottery ticket orders from customers online. Upon receipt of funds from a customer, the courier purchases lottery tickets from a licensed lottery retailer with whom the courier has a private business arrangement. In practice, the courier and the retailer are often located in the same building or office. The courier transmits a scanned image of the ticket to the customer and retains the ticket until it is determined to be a winning or non-winning ticket. Couriers charge a fee for their service to purchase and manage their customers’ tickets. These activities all occur without the oversight of a regulating authority to ensure that the public is protected from potential crime and other harms.

“The Texas Lottery was established to provide a secure and transparent system for players to purchase tickets in person from licensed brick-and-mortar retailers for the purpose of generating revenue for public education and veterans’ services in a responsible manner. Lottery courier services operating in Texas have been a significant concern for many of our stakeholders. Previously, the agency interpreted its authority as not extending to the regulation or prohibition of these services. Since I became executive director less than a year ago, I have been keenly focused on making changes to improve the public’s perception of Texas Lottery games and how they are played and operated. In recent days, our agency conducted a review of our authority under the State Lottery Act. As a result of this review and information from recent retailer investigations, the Commission will revoke the license of a retailer that works with or assists a courier service and we are moving to prohibit courier services in Texas to ensure all ticket sales comply with state law and agency regulation as well as to maintain public trust,” said Mindell.

The impact of lottery courier services has raised public concerns regarding consumer protection, compliance with state law, the proliferation of crime, and the potential for unauthorized expansion of lottery sales. In recent years, scrutiny over the role of these services has increased, with calls for regulatory action to ensure all ticket purchases remain within a clearly defined, secure, and enforceable legal framework.

“Our priority is to protect the security and integrity of the Texas Lottery and the public’s confidence in our games. By this rule proposal, the agency will take decisive action to ensure that ticket sales remain in full compliance with state law. Maintaining a well-regulated lottery system that serves the people of Texas is essential to fulfilling our mission of responsibly generating important revenue for public education and veterans’ services in our state. I look forward to adopting these rules and continuing our commitment to the people of Texas. The Texas Lottery Commission is dedicated to upholding the integrity of lottery operations and will work in full cooperation with the Legislature to implement any further changes deemed necessary,” Robert G. Rivera, Chairman of the Texas Lottery Commission, said.

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Compliance Updates

Missouri Sports Betting Launch Delayed Until Fall 2025

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Missouri’s plan to launch legal sports betting this summer has been delayed after Secretary of State Denny Hoskins rejected an emergency rulemaking request filed by the Missouri Gaming Commission (MGC). The decision, announced on February 21, means that regulators must follow the standard rulemaking process, effectively pushing the anticipated June launch to late summer or fall 2025.

Hoskins stated that the proposed emergency rules, which were submitted to Governor Mike Kehoe on January 27, did not meet the legal requirements for emergency approval.

Under Missouri law, emergency rulemaking can only be granted if there is “immediate danger to public health, safety, or welfare” or if the rule is necessary to “preserve a compelling governmental interest that requires an early effective date.” Hoskins determined that sports betting regulations did not meet these conditions, meaning they must proceed through the standard rulemaking process, which includes a public input period.

The MGC had initially targeted June 2025 as the market’s launch date, despite the state’s legal deadline requiring that wagering begin no later than December 1, 2025. Following Hoskins’ rejection, the MGC confirmed that its proposed licensing rules, which were filed alongside the emergency request, will become effective on August 30, 2025.

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Compliance Updates

Washington’s Lottery Achieves Nation’s Highest Level of Responsible Gambling Certification

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Washington’s Lottery announced that it has achieved the highest level of responsible gambling certification in the country. As acknowledged by the National Council on Problem Gambling (NCPG) and the North American Association of State and Provincial Lotteries (NASPL), Washington’s Lottery officially was certified for “Responsible Gambling Verification Best Practices at the Sustaining Level” in December 2024, the culmination of a process that began with certification at the Planning Level in 2019 and Implementation Level in 2021.

Washington’s Lottery is only the third state lottery in addition to Virginia and Ohio to achieve this milestone. NCPG and NASPL also recognize nine other state lotteries that have achieved a similar certification through the World Lottery Association.

“I can’t begin to express how proud I am of the work our team has done to achieve this important standard. We have a unique obligation as a state agency that sells a gambling product and need to balance the goal of raising money for important state initiatives like education with the need to acknowledge and assist the small percentage of players who may experience gambling-related distress. We take that work very seriously and weave it into all aspects of our jobs,” Kristi Weeks, Director of Legal Services for Washington’s Lottery, said.

To receive the Sustaining Level certification, Washington’s Lottery was evaluated by a team of four independent experts, who reviewed the lottery’s efforts in eight key categories related to responsible gambling: planning, employee training, retailer training, public education and awareness, product oversight, research, advertising, and resources.

“The key to our success has been the integration of responsible gambling initiatives into each and every employee’s position rather than centralizing it into only one or a few positions,” Weeks added.

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