Events
G2E LAS VEGAS IAGA Conference Sessions
How to Coexist - compliance and compelling marketing
Lynne Levin Kaufman, General Counsel, Cooper Levenson
Lynne Levin Kaufman, a partner at Cooper Levenson, practices all aspects of casino and iGaming law: licensure, financings, hardware and software approvals and administrative proceedings for casinos and gaming industry vendors worldwide. Lynne also handles matters relating to skilled gaming and promotional sweepstakes. Her experience includes nine years as Corporate Counsel for a major Atlantic City casino and performing extensive legal work in connection with the opening and operation of casinos.
Creating and implementing promotions that are innovative and responsive to a player’s preferences, yet still compliant with the sometimes inconsistent laws and regulations of numerous gaming jurisdictions, is exponentially harder with regulated iGaming.
IAGA
Critical Issues in Gaming Monday September 26, 2016 Sands Convention Centre, Las Vegas 10:00 - 17:15
Join IAGA at G2E on Monday, September 26 for a full day of informative sessions focused on critical compliance, law and regulation issues facing gaming.
P64 NEWSWIRE / INTERACTIVE /
247.COM
Push-pull, push-pull. Gaming operators rely on their marketing, branding, and player development departments to create and execute provocative, compelling, and relevant advertising, marketing, and promotional campaigns, often in multiple jurisdictions.
Gaming regulators, consumer protection agencies, and other governmental bodies strive to ensure that all such campaigns are not misleading, do not target minors, promote responsible gaming, protect players, and comply with all other laws. Casinos often want to quickly launch a new campaign, but regulators require time to review new concepts. Tus the dilemma.
First the good news. Gaming regulators in many jurisdictions have eliminated or reduced preapproval requirements for land-based casino advertising and promotions. Instead, only notification is required, with the right to suspend or require revision if they believe a campaign runs afoul of relevant laws or regulations. Obviously it would be disastrous for a casino to suspend or revise a promotion that has commenced or that has been advertised. A fix? If in doubt about legality, ask the regulator. Most will provide a non-binding response which will help alleviate any looming concern about the need to revise or shut down a promotion.
However, this “asking” process, along with the required submissions, can become unwieldy for nationwide or international promotions. Additionally, exact gaming compliance requirements vary widely, even with respect to responsible gaming and marketing to minors. A good example of this is the rule in the U.K. regarding individuals who are legally of gambling age but appear to be under 25. Tose individuals are permitted to be featured in a marketing communication in the operator’s casino or on its website, but not anywhere else such as social media.
Furthermore, advertising and promotional offerings in each country are also regulated by a multitude of non-gaming agencies. For example, some casino promotions may be subject to laws regarding sweepstakes or skilled games which are administered by consumer protection agencies. Such laws vary from state to state, province to province, and country to country, and govern both advertising and operation. Some jurisdictions prohibit sweepstakes entirely, and some require registration and payment of fees.
US operators have to worry about laws including the Deceptive Mail Prevention and Enforcement Act, the CAN-SPAM Act, and other laws administered by the Federal Trade Commission. In Great Britain, as another example, gambling operators are not only subject to the gambling laws and licensing conditions thereunder, they are also subject to UK codes of practice including those regarding broadcast advertising and those regarding non-broadcast advertising, sales promotion and direct marketing. Te Department for Culture, Media and Sport weighs in as well.
And what about regulated Internet and mobile gaming? As you likely guessed, creating and implementing promotions that are innovative and responsive to a player’s preferences, yet still compliant with the sometimes inconsistent laws and regulations of numerous gaming jurisdictions, is exponentially harder with regulated iGaming. Pre- approval is required for advertising and promotions in many regulated iGaming jurisdictions, and the specifics of submissions fluctuate. While all US regulated iGaming jurisdictions prohibit sending
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