DOJ Refuses to Hear of UIGEA Overblocking on State Lotteries

In following up on current developments in this area related to the Unlawful Internet Gaming Enforcement Act, there are several states which are now experiencing blocking of Internet based sales of their lottery tickets.  Although the parties commented on the proposed regulations in the briefing to the Third Circuit, they did not become effective until after the briefing.  According to the news the issue arises from VISA coding of the transactions.  While the briefing dealt with "overblocking" there were no transactions at the time of the briefing since the regulations were not in place. 

The Interactive Media Entertainment & Gaming Association, a trade organization that has challenged the Constitutionality of the UIGEA, has sought consent as to a supplement of the record where the parties have briefed the issue raised by the new information, the new information relates to the issues briefed and is not prejudicial.  Then a motion needs to be filed which includes a notation whether consent was sought and whether consent was given.

"The DoJ is refusing our request for consent to supplement the record in our UIGEA challenge, with the information on "over-blocking" by Visa & MasterCard of the New Hampshire and North Dakota lotteries even though lotteries are granted an exemption from the law," iMEGA head, Joe Brennan, Jr., told Gambling911.com late Tuesday.

A full motion to the 3rd Circuit is now under preparation.