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Five Years Post-PASPA: The Spread of Legal Sports Betting in the USA
Five years ago, the Professional and Amateur Sports Protection Act (PASPA) was repealed by the Supreme Court, kicking off one of the fastest periods of gambling legalization ever seen in the USA.
The repeal of PASPA, which had prevented all but a handful of states from regulating sports betting, started a revolution in real money betting that has forever changed the US gambling industry.
Five years later, it’s time to look back at how the market has developed and the legal, economic, and social effects of this monumental change.
The Context: The Downfall of PASPA
PASPA was a federal law that came into effect in 1992. It included all states except Nevada, Oregon, Montana, and Delaware, which were excluded because their laws already had sports betting provisions.
PASPA outlawed sports betting in all other states, effectively banning it nationwide. This didn’t mean that sports betting wasn’t happening; it was just an underground, offshore activity.
PASPA remained in force until May 2018, when the Supreme Court ruled it unconstitutional. This was thanks almost entirely to the efforts of New Jersey, under the leadership of Governor Chris Christie, who brought the legal challenge after trying to legalize online sports betting in 2011 and 2014. New Jersey argued that part of PASPA violated the anti-commandeering doctrine (the tenth amendment), which, in overly simple terms, prevents the federal government from coercing states to adopt or enforce federal laws.
The District Court first heard New Jersey’s case, then the Third Circuit, with both ruling against them. However, upon appeal, the case was heard by the Supreme Court (SCOTUS) on May 14th, 2018. SCOTUS agreed that PASPA violated the anti-commandeering principle, rescinding the entire act and stating that PASPA was meant to work as a whole, meaning that if part of it was not legally viable, the whole act must be struck down.
Legal Outlook: 38 States Legal, 12 To Go
With PASPA gone, each state now had the right to decide whether to legalize sports betting, with a majority opting to. As of November 2023, 38 states have said yes, passing new laws that allow retail sports betting. Online sports betting is also available in 26.
There are 12 states left to legalize. Three of them (South Carolina, Alabama, and California) face strong opposition, and the remaining nine are looking to introduce bills in the 2024/2025 legislative sessions. North Carolina and Minnesota are tipped to be the next to join the fray, and Oklahoma introduced a new proposal two months ago.
The legal landscape remains complex, with different rules, regulators, and taxation regimes in each state. On top of this, in certain locations, the presence of tribal gaming compacts has conflicted with commercial interests (the ongoing case of Florida sports betting and tribal opposition in California serve as perfect examples).
Growth of Online Casinos – Not Going As Planned
While there was no guarantee, many industry experts and commentators hoped that the legalization of sports betting would soon be followed by online casino regulation. However, thus far, only six states have legalized online casinos: New Jersey, Delaware, Pennsylvania, Michigan, West Virginia, and Connecticut, the latest to join the ranks, passing HB 6451 in 2021. Since then, there’s been no further movement for online casinos.
Players outside the mentioned states may only use land-based casinos or free social gaming sites where available. Sweepstakes casinos are also available across the country, Idaho and Washington aside. As a legitimate gaming option, sweepstakes are taking the US by storm, but just like with real online casinos, players should use a review site to find the best options.
As sweepstakes casinos don’t require a license in the USA, expert advice such as Casino Cabbie’s Wow Vegas Online Casino Review highlights any security issues and the benefits and pitfalls of each site as well before players sign up, making them an invaluable resource.
Economics: More Than $220 Billion Spent On Sports Betting Since 2018
One of the biggest drivers of sports betting legalization is the promise of potential tax revenue. The US sports betting industry is enormous, and since 2018, more than $220 billion has been spent on wagers, contributing over $3 billion in state taxes. The revenue earned by states has been instrumental in funding local projects and new initiatives, as well as responsible gambling research and support.
More in-depth and up-to-date research focusing on the exact economic contribution of sports betting is thin on the ground, and the last comprehensive study by Oxford Economics was published in 2017. At the time, it detailed that the entire sports betting industry created over 216,671 jobs.
Due to the lack of current data, we’re left to turn to figures charting the impact of the entire gambling industry, which includes casinos and sports betting. According to statistics from the American Gaming Association in 2022, US gambling is a powerhouse industry, creating, in total, 1.8 million US jobs, with $104.2 billion in wages (these figures include the entire supply chain).
There can be no argument that over the last five years, US sports betting has been a substantial economic contributor, helping state governments recover from COVID-19, creating jobs, and stimulating economic growth.
Social: 77% of American Adults Support Legalization in their State
Legally and economically, things have changed rapidly in the States since the repeal of PASPA, but what about the social impacts?
Research shows that 85% of Americans think the removal of PASPA was correct, with 77% now supporting sports betting legalization in their state. Moreover, the number of Americans open to placing sports bets has grown by 24 million since 2019. With many enjoying the newly legal betting options available to them, public attitudes towards gambling as a whole have seemingly softened.
With many states also benefiting from increased government budgets brought through sports betting tax revenue, it’s important to recognize the benefits this has made to social provisions. Many states have used the influx to contribute more money to education funds and other social causes, like reducing homelessness.
A proportion of the money is also used to fund state problem gambling assistance, with many running state-based hotlines and counseling services. Nonetheless, in many cases, this funding is not enough to offset the increased rates of gambling harms caused by legalization.
Future Outlook: Challenges and Concerns
Looking forward, the US online sports betting industry has a projected compound annual growth rate (CAGR) of 17.33% for 2023-2027, meaning there’s much more to come. However, this rapid growth will lead to some challenges.
Offshore gambling has been a considerable issue for the legal sports betting market. In 2022, The American Gaming Association estimated that Americans wagered $63.8 billion with illegal bookies, costing $3.8 billion in lost gaming revenue and $700 million in state taxes.
While offshore gambling is reducing, the latest data shows that 77% of online sports bets are now placed through regulated operators, compared to just 44% in 2019. However, things are not all rosy, and 48% of those who bet offshore believe they are placing legal wagers.
Gambling addiction also poses a considerable threat to the sustainability of the entire US gambling industry, with some states recently reporting problem gambling rates over 6%, which is three times the national average (to contextualize this figure better, the UK has a problem gambling rate of 0.2%). High rates of problem gambling twinned with rapid growth potentially represent a ticking time bomb that could rock the entire US industry.
It’s undoubtedly been an incredible five years for US bettors and sportsbooks; as a newer gambling market, the US must now look to more mature gambling jurisdictions to see what player protection methods work best and implement them sooner rather than later.
Managing Partner Lloyd Danzig
Sharp Alpha Closes Fund II With Over $25 Million To Back Sports, Gaming, Entertainment Startups
Sharp Alpha Advisors announced the closing of Sharp Alpha Fund II, an oversubscribed $25 million venture capital fund investing in early-stage sports, gaming, and entertainment businesses.
Existing investments in Fund II include C15 Studio, which recently emerged from stealth mode as the operator and distributor of Formula 1’s new streaming channel. Previous investments include Almost Friday Media, Jackpot.com, and Betcha (acquired by Vivid Seats).
The fund targets seed investments ranging from $1 – 2 million. Sharp Alpha also operates a co-investment vehicle that provides limited partners the ability to invest additional capital in select deals alongside the fund.
Managing Partner Lloyd Danzig was recently named to Business Insider’s Top Venture Capitalists in Sports and ELG’s 40 Under 40. He is frequently featured by CNBC, The New York Times, and The Wall Street Journal.
The fund is backed by public companies, US fnancial institutions, pro sports team owners, family offces, top venture capitalists, and funds of funds, among others.
According to Danzig, there is a signifcant opportunity at the intersection of sports, gaming, media, and technology. “The competitive entertainment category is experiencing exponential growth but at the same time is desperate for innovation that early-stage companies are best positioned to supply.”
The fund has exceeded its $25 million capital raise target and expanded the size of its deal team.
Commenting on current market conditions, Danzig explained, “we are entering the most favorable period in the last 15 years to bet on great founders.”
Sharp Alpha’s advisory board includes Keith Horn, founder of Loring Capital Advisors and former COO of Elliott Management and Global Head of Leveraged Finance at Merrill Lynch; Emanuel Pearlman, the former Chairman of Empire Resorts and board member at several public companies; Daniel Bernard, Founder and Chairman of Redwood International Sports; Roy Behren, the President and Chief Investment Offcer of a $5.2 billion asset manager; and Don Kornstein, the Vice Chairman of Caesars Entertainment and former executive at numerous successful gaming companies.
In addition to investment capital, the frm provides portfolio companies with a suite of resources and opportunities spanning fundraising, revenue generation, brand awareness, commercial strategy, fnancial planning, and product development.
7JP, an innovative branch of the ENV Media Group, is thrilled to announce the addition of two pivotal members to its team, Beatriz Doblas and Ana Caetano, as it gears up for a significant expansion into the Brazilian market.
With the Brazilian iGaming market expanding, 7JP’s strategic hires, Beatriz Doblas and Ana Caetano, are pivotal in enhancing the company’s visibility.
Beatriz’s expertise in SEO and content strategy, combined with Ana’s innovative content creation and legal acumen, positions 7JP to effectively connect with Brazilian audiences.
Their efforts underscore 7JP’s commitment to providing tailored, engaging gaming experiences. Learn more about our team’s impact at 7JP.
Around the two new hires, Shane Hand COO at 7JP, stated:
“We are incredibly excited about the unique blend of skills that Beatriz and Ana bring to the 7JP team. Their expertise is not just enhancing our visibility in the Brazilian iGaming market but also ensuring that we deliver content and experiences that truly resonate with our audience. This strategic move is a testament to our commitment to becoming the leading platform in the region.”
Beatriz, a Brazilian journalist and SEO specialist, has significantly impacted the content strategy at Jellyfish, focusing on major brands like L’Oréal Paris.
With a career spanning from SEO copywriting at Webedia to content management, Beatriz excels in creating engaging, optimized content in both Portuguese and English.
Her expertise extends to ASO, team management, and data analysis, making her a versatile asset in the digital content domain
Ana, based in São Paulo, is a distinguished content creator and legal expert, specializing in AI-enhanced video production and digital law.
Her experience spans major Brazilian broadcasters and influential YouTube channels. Ana holds postgraduate degrees in Marketing, Communication, and Digital Law, and is fluent in English and Spanish.
She is known for her innovative approach to engaging diverse audiences.
7JP, a key player within the ENV Media Group, is dedicated to pioneering lead generation in the igaming industry, backed by market research and comprehensive analysis in LATAM markets.
In collaboration with a leading iGaming company, 7JP is set to launch its online casino operation in Brazil, offering an extensive range of games from over 30 providers.
The platform is currently undergoing certification by Brazilian regulatory authorities, ensuring a secure and compliant gaming experience for all users.
For more information, visit 7JP’s website and ENV Media.
GBG survey
Taking the gamble out of Accelerating Growth: Maximising Your Marketing in New Sportsbetting Markets
By: Kalen Bushe VP Customer Growth at TrafficGuard
Too many sportsbooks are wasting their marketing dollars. As new markets open, they have to make every dollar count when it comes to winning to new players. Regions like the Middle East and Latin America (LATAM) are opening, and it is critical that sportsbooks optimise their marketing to win market share.
These emerging markets present sportsbooks with a golden ticket to expand into a new region and increase profits. These opportunities are being matched with new complexities in their digital marketing activities. Invalid traffic (IVT) is as a barrier to expansion by draining digital advertising budgets and reducing ROI without sportsbooks recognising it.
IVT encompasses any activity originating from sources lacking genuine user interest, including ad fraud, bots or returning users. While invalid traffic goes unchecked, sportsbooks won’t see the full value of their digital advertising campaigns and lose a competitive edge in new markets.
70% of surveyed iGaming operators reported to be expanding into online gaming markets in Central and South America in the next three years according to a GBG survey. This means there’s a lot to win by getting marketing right and not wasting advertising spend on attracting the wrong audiences, fraud or bots.
They key is to understand potential opportunities and recognise risks in digital marketing. Every sportsbook needs to maximise ROI on every dollar they are spending, and it becomes even more crucial when trying to gain critical mass in newly opened markets.
Bots, Timewasters, Fakers and Fraud
Legislation is loosening worldwide, over the past few years North America has seen numerous states legalise sports betting. Similar changes have happened in Brazil, where online gambling regulations were passed in late 2023. These changes have paved the way for sportsbooks to explore exciting new markets.
However, sportsbooks are being fed inaccurate campaign data by IVT. This inflates impressions and impacts future ad campaigns as sportsbooks funnel ad spend into projects that aren’t performing as well as it would seem, giving competitors the chance to take the lead in new markets.
IVT includes non-human traffic which typically takes the form of bots powered by artificial intelligence (AI). Bots can create a multitude of fake accounts and use them to exploit promotions undetected. Despite the implementation of rigorous registration verification checks by many operators to combat this issue, it remains a significant challenge. This poses a hurdle for sportsbooks seeking to attract users and carve out a presence in new markets, especially with bonuses, which can lead to a drain on their campaign resources. On average, around 5-7% of sports betting campaigns suffer from this form of media loss.
Bots aren’t the sole concern for sportsbooks in safeguarding against inauthentic engagement. Navigational traffic stemming from returning users, who are already part of the customer base, also poses a significant challenge as they unintentionally deplete budgets. When these users try to reach a site via search engines, they inadvertently click on paid brand advertisements, consequently inflating customer acquisition costs (CACs) without contributing to conversions, thereby causing losses for the sportsbook. Without an effective strategy to manage returning users, optimising campaign value becomes considerably more difficult.
Taking Down Barriers to Growth
For sportsbooks to flourish in emerging markets, the first step is to counter IVT. IVT damages budgets by remaining undetected, therefore it’s crucial that sportsbooks maintain visibility into their traffic.
Monitoring traffic as it passes through systems is key. Through this, sportsbooks can identify any irregularities, such as traffic from an unknown origin. This could be an indicator of IVT, which can then be identified and dealt with before the campaign can be interfered with.
The increasing frequency of non-genuine engagement is difficult for teams to monitor unaided. An ad verification platform can fill in the gaps and accurately pinpoint any threats and mitigate them directly. These platforms work to validate traffic in real-time, determining the origin of traffic and blocking it from entering systems if it’s suspicious to proactively protect budgets.
It is also possible to control the number of times returning users interact with your campaigns without risking damaging the relationship they have with sportsbooks. Setting custom verification rules is an effective method of limiting the number of times an ad can be clicked on by a certain user. Once the user reaches the threshold for clicks, they’re prevented from seeing it, which significantly reduces cost-per-click (CPC) rates.
This can be further expanded upon by deploying shadow campaigns. These are an effective way of maintaining optimal engagement by duplicating current campaigns set up with lower CPC. This funnels returning users away and prevents them from driving up costs. The budget saved can then be committed to growth in new regions.
Winning Big in New Markets
The sports betting industry is opening doors worldwide for sportsbooks to gain audiences in places they never could before. Excelling in newly legalised markets against a multitude of competitors is a difficult task, only being made harder by the interference of IVT.
By tackling non-genuine engagement, sportsbooks give themselves the advantage back over competitors. With full visibility and control over campaigns, their full potential can be realised to ensure sportsbooks can focus on global expansion.
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