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57 U. Mich. J. L. Reform Caveat [1] (2024)

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There's No Such Thing as a Free Bet: How to

Stop Misleading the Public in Gambling

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Benjy Apelbaum*
February 2024
*J.D., May 2024, University of Michigan Law School. Thank you to my Notes Editor,
Resilda Karafili, and the JLR comments and online teamfor their feedback and
guidance throughout the writing process. Thank you to my parents and grandparents
for their support and encouragement throughout my education.
Introduction
For many years, gambling was limited to lottery tickets and casinos in select states and
Nevada was the only state where sports gambling was legal.' In 2018, the Supreme Court
ushered in a new era of gambling when it struck down the federal Professional and
Amateur Sports Protection Act (PASPA) in Murphy v. National Collegiate Athletic
Ass'n.2 States are now free to regulate sports gambling, including mobile gambling on
cell phones. Thirty-six states have legalized sports gambling, and twenty-nine of those
states allow for mobile betting.3 Online casino games such as slots and blackjack have
been legalized in six states.4
If you have watched a sporting event on TV in the time since the Murphy decision, there
is a good chance you have seen an ad for sports gambling as numerous companies work
to grab market share in the new industry.5 These ads promote the possibility of big wins6
and offer attractive sign-up inducements such as risk-free and no-sweat bets.7 Some
online promotions even tout the opportunity to win guaranteed money.8 These ads
mislead individuals on their likelihood of winning by playing on cognitive biases.
Research shows that people are overly confident in predicting events, which can cause
them to misunderstand the risks of gambling.9 It is estimated that less than 5% of



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