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73 Am. U. L. Rev. F. 1 (2023-2024)

handle is hein.journals/aulrfom73 and id is 1 raw text is: COMMENT
CHASING LOSSES WITH CREDIT: THE
DANGERS OF THE ABSENCE OF FINANCIAL
INSTRUMENT RESTRICTIONS IN STATE
GAMBLING LAW
GRIFFEN DRESNER*
In the landmark 2018 case Murphy v. NCAA, the Supreme Court repealed
the Professional and Amateur Sports Protection Act. The Act was the federal
blockade preventing states from legalizing sports gambling. Just over five years
later, almost three-fourths of states have legalized sports wagering and now
benefit from millions in tax revenue. Yet, legality does not equate to safety, and
gambling can still be an extremely detrimental activity without guardrails. As
states have passed their own legal gambling statutes over the past several years,
some have decided to require more consumer protection than others.
This Comment argues that states that do not require sportsbooks to limit the
ways in which gamblers can deposit money into their personal gambling
accounts violate section 5 of the Federal Trade Commission Act by facilitating
an unfair practice that will lead to reasonably foreseeable injury. To prevent
this injury, this Comment recommends the implementation of two financial
instrument restrictions: a federal limit on credit gambling and a state duty to
inform those who choose to gamble on credit why such a limit exists.
* Senior Staff Member, American University Law Review, Volume 73; J.D.
Candidate, May 2024, American University Washington College of Law, B.A. Political
Science and Communications, 2019, Wake Forest University. This Comment would not
be possible without the hard work of the staff of Volumes 72 and 73. Thank you to
Katie Parnow, Cameron Azimi, and Manuel Alcantar for making this piece what it is.

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