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Opposition Erupts Over Controversial Sweepstakes Casino Bill

The battle over sweepstakes games in the Golden State has taken another turn.

California’s proposed Assembly Bill 831, spearheaded by Assemblymember Avelino Valencia, has ignited strong opposition from various organizations and stakeholders who argue that the bill is vague, rushed, and potentially harmful to several industries.

Both the Social and Promotional Games Association (SPGA) and the Kletsel Economic Development Authority (KEDA) have voiced their concerns, highlighting the risks and flaws in the bill’s approach.

This could mark the beginning of the end for sweepstakes casinos in California.

What Key Changes Would California AB 831 Make in California?

Many sweepstakes platforms claim there’s “No Purchase Necessary” to get around California’s lottery and gambling laws, often operating outside the usual regulations applied to tribes.

The bill’s main supporters include major tribal groups, law enforcement, and gaming industry supporters, who argue that the “dual-currency” model is too much like real-money gambling, posing a threat to legitimate tribal gaming.

Some of the key changes the bill would make include:

  1. Ban on Online Sweepstakes: AB 831 would make it illegal for anyone involved with online sweepstakes casinos in California. This includes internet-based games where players use virtual coins, bought with real money, to play games and win cash or prizes. These online sweepstakes work like unlicensed gambling sites, and the bill seeks to put a stop to them.
  2. Criminal Penalties: Under AB 831, running or promoting an online sweepstakes game could lead to criminal charges. Anyone found guilty might face up to a year in county jail or a fine of up to $25,000.
  3. Impact on the Gaming Industry: The bill doesn’t just target the companies that run these online sweepstakes. It also aims at the entire network involved in these operations. This includes platform providers, payment processors, marketers, and even celebrities who might endorse these games.
  4. Support for Tribal Gaming: AB 831 supports tribal gaming by making sure only Tribal governments can legally run gambling in California. This maintains the agreements already in place, which confirmed that tribes have exclusive rights to operate regulated gaming. The bill intends to close holes in the law that foreign and unregulated operators use to dodge state rules, including necessary checks and balances like consumer protections and tax compliance.

Those against the bill—like some industry groups and civil liberties organizations—argue that the language is too broad, lacks thorough review, and could inadvertently ban legitimate online promotions.

Why Do Some Oppose The Bill?

Although its current status remains unclear, there are plenty of key supporters, a list of growing opponents, and potential implications for the gaming industry and digital promotions. And one of the primary issues with AB 831, as outlined by SPGA, is its reliance on ambiguous language.

  1. Ambiguous Definitions Pose Risks: According to the SPGA, the bill aims to criminalize the operation of “sweepstakes games” without providing clear definitions. Terms such as “dual currency system” and “cash equivalents” remain undefined, raising concerns about potential legal risks for businesses and individuals involved in digital promotions. These vague definitions could classify numerous legal marketing campaigns and promotions as illegal, threatening longstanding business practices.
  2. Impact on Digital Commerce and Tribal Communities: KEDA emphasizes that the bill overlooks the economic realities faced by geographically isolated tribes. For tribes distant from major tourism hubs, digital platforms offer essential revenue streams that fund crucial services like healthcare, education, and housing. AB 831, they argue, disproportionately benefits larger tribes with established gaming operations, while restricting smaller tribes’ ability to leverage digital commerce for economic growth. Eliminating these opportunities could exacerbate existing disparities and undermine efforts toward economic justice for all tribal nations.
  3. Concerns of Overreaching Regulation: The bill also stands accused of overreach, as it not only seeks to regulate specific games but effectively redefines gambling in California. SPGA notes that this shift marks a significant expansion of state gambling law without the necessary public debate or legislative scrutiny. Moreover, AB 831 threatens legitimate digital entertainment, which is widely used, legal, and safeguarded with age gates and fraud protection measures.
  4. Lack of Demonstrated Harm: Critics of AB 831 argue that the bill lacks evidence to support claims of consumer harm. No data or public records point to the games in question causing widespread issues, making the proposed legal constraints seem disproportionate to the alleged risks.
  5. Uneven Application and Potential Consequences: The uneven application of rules is another concern raised by the opponents of the bill. Prominent supporters of AB 831 have themselves engaged in promoting social casino games, often without adhering to the security measures they advocate for others. Furthermore, if applications such as customer rewards programs from well-known companies like Starbucks and Microsoft fall under the vague definitions of the bill, it could inadvertently classify them as criminal activities.

Lawmakers Urged to Consult with Stakeholders

Opponents argue that AB 831 could make California “smaller” by diminishing innovation and economic opportunities.

They urge lawmakers to conduct more extensive consultations with stakeholders, assess the bill’s broader implications, and consider a regulatory framework that facilitates growth while generating state revenue.

Both SPGA and KEDA advocate for rejecting this rushed legislation in favor of a thoughtful, inclusive approach that benefits California’s digital economy and supports vulnerable communities.

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