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The ANJ has called for operators to provide proof rather than act on suspicion alone. The guide outlined the types of evidence and “converging indicators” (faisceaux d’indices) that French courts have accepted in previous litigations, including IP addresses, device logs and connection timings.
Operators were encouraged to take several practical steps, including enhancing terms and conditions, maintaining robust evidence and uptaking technical standards.
They have also been advised to thoroughly review their Know Your Customer, fraud detection protocols and contractual terms to reflect the guide’s recommendations.
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The research also found profiles of influencers known as tipsters, sports traders and “professional gamblers”. They sell access to groups, predictions, spreadsheets and other products related to betting, while presenting gambling as an income-generating activity.
According to The Intercept, some content even uses expressions like “leaving the CLT [Brazilian labour law]” and “your dream income” to promote this type of activity. There are also screenshots of alleged user earnings and posts that present gambling as a kind of investment.
These professional content creators on Instagram aren’t limited to sports betting. There are niches of creators focused on casino games, like the controversial Fortune Tiger, with a communication strategy similar to that of sports betting.
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There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.
New Jersey stakeholders are no stranger to the importance of a Supreme Court review. The state lost every case in the lead-up to the PASPA repeal, except for the one that mattered most in the end, and it could be the same in this matter as Kalshi has prevailed thus far in state court and the Third Circuit. Davenport’s petition cites that fateful PASPA ruling in its introduction.
