Compliance Updates
Florida Targets Fantasy Sports Firms Over Possible Illegal Betting Games
Florida gambling regulators have sent cease-and-desist letters to three daily fantasy-sports operators accused of offering potentially illegal mobile betting games and threatened legal action if the sites don’t immediately stop.
Commission Executive Director Lou Trombetta sent letters warning the three companies that they “may be offering or accepting illegal bets or wagers” from Floridians and “may be promoting and conducting an illegal lottery.”
The alleged conduct is “strictly prohibited in Florida and constitutes criminal activity,” Trombetta wrote.
The letters targeted Underdog Sports, LLC, which is based in Brooklyn, N.Y; SidePrize LLC, also known as Performance Predictions LLC, doing business as PrizePicks, which is based in Atlanta; and Betr Holdings, Inc., which is based in Miami.
In fantasy sports, players can draft rosters of actual athletes, with the winners of fantasy games determined by the statistics of the athletes. Many games, like office pools, last all season.
The three companies offer what are known as “parlay-prop-style” games that could be more similar to sports-betting games that are off-limits in Florida.
“Under Florida law, betting or wagering on the result of contests of skill, such as sports betting, including fantasy sports betting, is strictly prohibited and constitutes a felony offense unless such activity is otherwise exempted by statute,” Trombetta’s letter said. “Accordingly, in Florida, sports betting may be lawfully conducted only pursuant to a gaming compact. … Further, receiving such illegal bets and wagers and aiding or abetting such criminal activities constitute separate felony offenses. … Lotteries are also strictly prohibited in Florida.”
A gaming compact is an agreement reached with the state.
The commission did not send letters to DraftKings and FanDuel, which have dominated the fantasy-sports market in the decade since the online games launched.
It was unclear Friday if the commission would crack down on other operators in the future, but emails show the gambling overseers could be casting a broad net.
“As you might imagine, my exec team asking what the letter means and seeking actionable advice, pretty urgently. Would like to discuss the substance at some point, but if you can help with one question, it would be great. Namely, Underdog operates multiple paid fantasy formats (season-long drafts, daily drafts, pick’em) and I just want to confirm my reading of the letter, which is that the legal conclusion applies to all paid fantasy contests — e.g., all of our contests — and not just particular types,” Nicholas Green, Underdog’s general counsel, wrote Friday to Ross Marshman, the commission’s general counsel.
“Your reading of the letter is correct,” Marshman replied.
John Lockwood, an attorney hired by multiple operators, warned that other companies could be swept up in the crackdown.
“The commission staff confirmed to me that the language in the letter broadly applies to all paid fantasy sports contests, and they are not aware of any paid fantasy sports company operating legally in Florida. We disagree on the merits and will be working with the commission and potentially the Legislature so we can ensure Florida sports fans can continue to play,” Lockwood said.
State lawmakers in the past have grappled with creating regulatory oversight for the fantasy-sports industry, to no avail. Proponents of fantasy sports have insisted that the contests are games of skill, not chance, and thus are legal under state gambling laws.
Trombetta issued the letters as a legal battle continues over a 2021 compact reached by the state and the Seminole Tribe. That deal gave the tribe control over sports betting in Florida.
A “hub and spoke” plan in the agreement would allow gamblers anywhere in the state to place bets online, with the wagers run through servers located on tribal lands. The deal requires sports betting to be “exclusively conducted” by the Seminoles but allows other operators to run fantasy sports contests.
Owners of West Flagler Associates and Fort Myers Corp., doing business as Bonita Springs Poker Room in Southwest Florida, filed a lawsuit challenging the compact, saying it violated federal law and would cause a “significant and potentially devastating impact” on their operations.
A federal judge in Washington, D.C., in November 2021 ruled that the deal violated a key Indian gambling law. But a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia in June reversed that decision. The appellate court last week denied a request for what is known as an “en banc” rehearing before the full court.
The pari-mutuel owners filed a motion saying they would ask the U.S. Supreme Court to weigh in, arguing the panel’s decision conflicts with other appellate rulings and “enables an extreme shift in public policy on legalized gaming that, once started, may be difficult to stop.”
Aviator
Pernambuco court revokes Spribe’s interim relief in Aviator trademark dispute
TJPE cites a Brasília federal ruling that suspended the legal effects of Spribe’s AVIATOR registration and barred exclusivity claims during nullity proceedings.
The Court of Justice of Pernambuco (TJPE) has revoked preliminary appellate relief previously granted to Spribe OÜ in litigation over the AVIATOR trademark in Brazil.
In a monocratic decision, Justice Andrea Epaminondas Tenorio de Brito held that the factual and legal basis for the earlier injunction no longer exists. The court pointed to a subsequent decision by the Federal Court in Brasília that provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration and ordered Spribe to refrain from asserting exclusivity based on that registration while federal nullity proceedings are ongoing.
TJPE said its earlier relief relied on the presumption that Spribe’s trademark registration before Brazil’s National Institute of Industrial Property (INPI) was fully valid and enforceable. With the federal court suspending the registration’s effects, the Pernambuco court found the underlying circumstances had materially changed.
The court cited Article 296 of the Brazilian Code of Civil Procedure as the basis for revoking the preliminary relief in light of the changed legal situation.
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Aviator
Pernambuco court revokes Spribe interim relief in AVIATOR trademark dispute
The Court of Justice of Pernambuco (TJPE) has revoked preliminary appellate relief previously granted to Spribe OÜ in ongoing litigation over the use of the AVIATOR trademark in Brazil, citing a change in the legal circumstances supporting the earlier decision.
In a monocratic decision, Justice Andrea Epaminondas Tenorio de Brito concluded that the factual and legal basis for the prior injunction no longer exists. The ruling follows a decision by the Federal Court in Brasília that provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration.
According to the press release, the federal court also ordered Spribe to refrain from asserting exclusivity based on that registration until the federal nullity proceedings are resolved.
TJPE said its earlier decision had relied on the presumption that Spribe’s trademark registration with the Brazilian National Institute of Industrial Property (INPI) was fully valid and enforceable. With the federal court now suspending the legal effects of that registration, the Pernambuco court held that the foundation for interim relief had materially changed, prompting revocation under Article 296 of the Brazilian Code of Civil Procedure.
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activity report 2025
GGL Publishes Activity Report 2025
The German Gambling Authority (GGL) has published its latest activity report for 2025. The report highlights the GGL’s measures in supervising legal providers and its latest work against illegal gambling.
Supervision and Licensing of Legal Providers Further Systematised
While previous years focused primarily on granting licenses, in 2025 the emphasis shifted significantly to the structured supervision of licensed providers. Key instruments included supervisory discussions, both ad hoc and proactive measures based on reports and market observations. Internal collaboration between the relevant departments was further intensified, contributing to a uniform and consistent supervisory practice.
Further Development of the Technical Infrastructure and Supervisory Systems
The expansion of the technical infrastructure was further advanced. The goal is to create a reliable and comparable data basis for supervision, analysis and future regulatory decisions. Enforcing the mandatory and correct use of the safe servers by the authorised providers remained a challenging process in 2025, but it is the foundation for the necessary improvement in data quality.
Focusing the Fight Against Illegal Gambling on the Entire Market Environment
In 2025, the approach to combating illegal online gambling was further refined and consistently aligned with the entire market environment. In addition to measures against the operators themselves, the focus is increasingly shifting to the service providers involved. This approach ensures that illegal offerings are not viewed in isolation, but rather addressed within their market and process contexts.
In 2025, GGL worked closely with platform operators to further reduce the visibility of illegal content in the digital space.
Market measurement has been further developed scientifically. Due to its opaque and dynamic structure, the evaluation of the development of the illegal gambling market requires a particularly robust methodological basis. The 2025 activity report therefore does not include any independent figures on the size of the illegal market for the year 2025. Instead, the presentation is based on the results of the scientific study “Investigation of the black market and channeling of gambling on the internet based on a survey of gamblers”.
GGL deliberately chose this approach to increase the validity and comparability of the market data and to ensure methodologically sound results.
This study, already published, shows that in 2024 the market volume of illegal and therefore unregulated online gambling will be 23%. This results in a channeling rate of 77%. This means that legal or regulated offerings account for more than three-quarters of the online gambling market.
The existing study will be continued so that a scientifically sound data basis on the development of the illegal market can be provided.
Outlook 2026: 5 Years of GGL Mean Evaluation and Further Development
The developments so far show an increasing consolidation of the supervisory and enforcement structures within the framework of the State Treaty on Gambling 2021.
The focus in the coming years will be on the legally required evaluation, the preparation of the new licensing cycle from 2027 onwards, and the further strengthening of data-based and scientifically sound supervisory instruments.
The 2025 activity report can be found under Publications of the Joint Gambling Authority of the Federal States – Annual Reports.
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