“With this latest health guidance from the WHO, the prospect of class action litigation, predicated on duty of care liability, against the legal online gambling market has increased. This is especially relevant where consumers have been induced into gambling beyond their means. Operators should already implement robust ‘know-your-customer’ procedures to ensure that funds used are not laundered or derived from criminal activity.”

The concept of “Duty of Care,” a legal obligation to prevent harm caused by negligence, has seen limited application in litigation against gambling operators. However, DraftKings is currently the subject of a lawsuit alleging that a gambler’s addiction was “nurtured” by the company.

Online gambling operators often use sign-up offers and ongoing bonuses to attract customers and intensify gambling activity. These tactics not only draw novices into gambling but also push casual gamblers toward riskier, excessive consumption.

Research on the Total Consumption Model shows that increased gambling consumption at a population level leads to higher individual harm. When legal online gambling is combined with illegal gambling, overall consumption rises, further exacerbating harm.

The WHO emphasizes the need for universal, population-wide public health policies to combat gambling harm. Among the seven strategies it recommends is “ending gambling advertising, promotion, and sponsorship of sports and other cultural activities.”

Some state attorneys general have issued “cease and desist” letters to illegal operators, such as Bovada, a site licensed in Curacao. However, enforcement remains inconsistent. If Bovada exits a state, other illegal operators often step in to fill the void in the absence of rigorous federal enforcement.

Webb added: “States giving tax breaks to any form of gambling or gambling promotion should consider whether they are exposing themselves or their regulators to litigation risk. Legislators and regulators cannot continue to rely on the theory of responsible gambling, which shifts the burden of harm prevention onto individuals, while ignoring the WHO’s recommended strategies to control online gambling harm. Promoting legalization as a way to reduce gambling addiction or eliminate illegal gambling is misleading and unsustainable.”

About the Campaign for Fairer Gambling (CFG)

The Campaign for Fairer Gambling (CFG) is an independent gambling reform organization with expertise in gambling business and lobbying practices in both the U.K. and U.S. Dedicated to promoting fairer gambling through research, advocacy, and reform, CFG provides policymakers with reliable data to foster informed debate and develop smarter gambling policies.

For more information, visit fairergambling.com or follow @fairergambling on X.

SOURCE The Campaign for Fairer Gambling

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