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We are now more than six months past the day the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) of 1992. Shortly after the fall of PASPA, there were rumblings that the federal government was interested in legislating in the sports betting area.
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There is currently a bill circulating in a discussion draft format that will likely be revised and redrafted numerous times before it ever gets passed, if it ever passes. Both the Wire Act and the Unlawful Internet Gambling Enforcement Act took years before they passed.
The following are some of the key portions and points I think are likely to be important as the discussion over the federal government’s role is discussed moving forward. Here is Part 1 of my insight:
The Findings Section
The proposed bill contains a number of “findings”. This section is used to lay out Congress’ reasons for passing the bill, and will be examined to determine the intent of legislators should a bill’s content be called into question by a court. Importantly, the draft document states:
“While each State may decide whether to permit sports wagering and how to regulate sports wagering, there is an important role for Congress in setting minimum standards for sports wagering that affects interstate commerce and providing law enforcement with additional authority to target the illegal sports wagering market and bad actors in the growing legal sports wagering market.”
This section effectively means that Congress intends to use the power of the commerce clause (the same constitutional device used to enact PASPA) to regulate minimum standards for sports betting.
As Justice Clarence Thomas articulated in the Murphy v. NCAA decision, and I have suggested separately, it is perhaps possible to construct sports betting that does not impact interstate commerce. But the language here does not appear to presuppose that betting is interstate commerce.
Instead, the legislation only applies to wagering that affects interstate commerce. This will still impact most betting legislation.
The Definitions Section
This section of legislation is normally pretty mundane, unless there is a dispute over whether an activity is incorporated. There are a few items worth noting in the draft legislation, with the first being a definition for the Interstate Sports Wagering Compact and National Sports Wagering Clearinghouse, which are two terms that are new and do not appear elsewhere in any other Federal legislation.
This section also defines sports wager as:
- IN GENERAL.—Except as provided in subparagraph (C), the term “sports wager” means the staking or risking by any person of something of value upon the outcome of a sporting event, including the outcome of any portion or aspect thereof, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome.
- —With respect to an amateur or professional sporting event, the term 36 “sports wager” includes—
- a straight bet;
- a teaser;
- a variation of a teaser;
- a parlay;
- a total or over-under;
- a moneyline;
- a betting pool;
- exchange wagering;
- in-game wagering, including in-game wagering on—
- a final or interim game score;
- statistics; or
- a discrete in-game event;
- a sports lottery; and
- a proposition bet
While inclusion of these definitions is meaningful, it is the inclusion of exchange wagering here that is potentially impactful, as exchange-based wagering in particular is an activity that rides the fence between financial regulations and gambling.
While the definitions section is interesting, it is what is missing that catches my attention. There is no definition of sport. This is potentially significant for esports, as it is not immediately clear if this legislation impacts esports betting.
Title I – Sports Wagering
The first substantive section of the legislation is titled Sports Wagering and creates a federal civil prohibition on anyone accepting a sports wager.
That is not insignificant. The statute excepts transactions that are lawful under state law, including social gambling laws. No deposit bonus codes slotastic. This section contains no criminal penalties as drafted, only civil penalties up to the greater of $10,000 or three times the amount of the applicable sports wager.
Section 102 – State Sports Wagering Program
States seeking to offer a sports wagering scheme would be required to submit an application to the Attorney General showing:
(A) a full and complete description of the State sports wagering program the State proposes to administer under State law, including—
(i) each applicable State law relating to sports wagering; and
(ii) an identification of the State regulatory entity; and
(B) an assurance from the Attorney General or chief legal officer of the State that the laws of the State provide adequate authority to carry out the proposed State sports wagering program.
The key hangup that might potentially arise would be if the Attorney General denies an application. The federal government appears to be attempting to do what it did not do under PASPA: create a federal regulatory body capable of overseeing sports wagering.
There are likely questions that will arise regarding to what extent the federal government can get states to come on board, without commandeering the states as occurred under PASPA. With that said, the federal government sets minimum standards in a variety of other areas (e.g. environmental standards.) It is possible that a court could find this system analogous and thereby allowable.
Section 103 – State Sports Wagering Program Standards
This section of the legislation lays out some minimums, including the requirements of mandated location verification if a state offers internet wagering, as well as bans on wagers on certain amateur events. The bill also proposes a requirement that there be a mechanism to request restricting wagers, something that is presently available in Nevada.
This section further provides for a standard for:
- A minimum age for sports bettors – though the section does not directly establish one
- A national self-exclusion list
- A ban on athletes, coach, referee, or employee of a sports organization placing wagers on games from their sports organization
- A similar ban on employees of players or referee unions
Data requirements important to the sports betting draft
This section also contains the official data requirements. This requirement is almost certain to create litigation if it were to remain, but there is a sunset clause which would only require use of official data only until December 31, 2022.
This type of inclusion might be the result of some concession to sports leagues, but still raises questions about whether Congress has the power to mandate and grant preference to one sort of data over others, while seemingly recognizing viable alternatives.
The proposed bill requires books to meet certain reserve requirements and avoid targeting individuals with problem gambling tendencies or those below the legal age to wager.
Trouble for DFS companies?
One aspect of the bill likely to be overlooked is contained on page 14. It appears that both FanDuel and DraftKings may be deemed unsuitable for a license under the proposed legislation as they have operated in Texas, despite the determination that DFS is a form of illegal gambling.
There are also potential issues given the offering of single-event DFS contests. Those in violation of the provision below would be deemed unsuitable for a license under the federal scheme:
(v) on or after October 13, 2006—
(I) has knowingly participated in, or should have known the prospective sports wagering operator was participating in, an illegal internet gambling activity, including—
(aa) taking an illegal internet wager;
(bb) payment of winnings on an illegal internet wager;
(cc) promotion through advertising of an illegal internet gambling website or service; or
(dd) collection of any payment on behalf of an entity operating an illegal internet gambling website; or
(II) has knowingly been owned, operated, managed, or employed by, or should have known the prospective sports wagering operator was owned, operated, managed, or employed by, any person who was knowingly participating in, or should have known the person was participating in, an illegal internet gambling activity, including an activity described in items (aa) through (dd) of subclause (I).
This section contains a number of best practices-type requirements and supplements requirements, such as financial reporting and reporting of suspicious transaction mandates, as well as establishes monitoring, enforcement, and sharing of real-time data requirements.
The bill also appears to put some teeth behind sports protection, requiring cooperation by sportsbook operators and state regulators. However, it seems to miss a key component of protecting sport integrity, as it does not include a mandate that sports organizations cooperate similarly.
In Part 2 …
We’ll pick up tomorrow with anti-money laundering provisions and a few other key sections of the bill.
Tennessee legalized sports betting when Governor Bill Lee allowed Tennessee House Bill 1to become law without a signature. Although online gambling in Tenessee is relatively limited, legal online sports betting is imminent. Four operators have been granted licenses to offer sportsbooks in The Volunteer State, and online sports betting launched on November 1, 2020.
Almost every state with legal sports betting requires operators to have a land-based partner in order to offer their product in the market. Tennessee is unique among its counterparts in that it allows online-only sportsbooks. The move makes sense, considering there are no land-based casinos anywhere in the state.
With four operators ready to go and more certainly right behind them, Tennessee is staged to be a hotspot for online sports betting in the US.
Legal Online Sportsbooks In Tennessee
Tennessee launched full-fledged online sports betting sites on November 1, 2020. Four operators debuted in the first wave of Tennessee sportsbooks.
Here are the live online sportsbooks in Tennessee along with the bonuses they offer for new players:
- FanDuel Sportsbook: Up to $1000 bonus here.
- BetMGM: Up to $500 bonus here
- DraftKings Sportsbook: Up to $1000 bonus here.
- Action 24/7: Up to $100 bonus
See our complete guide to Online Gambling In Tennessee.
Tennessee Online Sportsbooks
Tennessee’s online-only sportsbook landscape makes for a unique environment that will likely welcome a wide variety of sports betting companies. Right now, four sportsbooks have licenses to operate in Tennessee. Here’s a rundown of three of those operators, plus a few others we expect to join the market.
FanDuel TN Bonus: Claim a $1,000 risk-free bet at BetMGM.
New players can get up to a $1,000 rebate on their first bet made at FanDuel Sportsbook. There’s no need for a code when depositing to unlock this $1,000 risk-free bet offer. Use our link above.
No discussion of online sports betting is complete without FanDuel. The company has a license to operate in Tennessee right alongside its rival DraftKings. FanDuel has a variety of betting markets, key partnership deals, and great welcome promotions.
BetMGM
BetMGM TN Bonus: Claim a $500 deposit bonus at BetMGM.
BetMGM offers a decent new player bonus offer. Enter “TOPBONUS100″ to claim up to a $500 deposit match bonus at BetMGM Tennessee.
BetMGM has carved out space in the sports betting industry as well. With a recent hotel development in Nashville and recently announced as the official sports betting partner of Tennessee Titans, MGM has a big presence in Tennessee. Online sports betting is certainly next, as BetMGM rounds out the list of licensed operators in Tennessee.
DraftKings
DraftKings TN Bonus Offer: Get a $1,000 deposit bonus when you sign up at DraftKings Sportsbook TN. The $1,000 bonus offer comes in the form of a combination of a deposit match bonus. Claim your $1,000 bonus at DraftKings Tennessee.
The DraftKings bonus offers in Tennessee include a 20% deposit match bonus up to $1000.
DraftKings is one of the first three operators to secure a sports betting license in The Volunteer State. The company is an undeniable sports betting leader, so it should come as no surprise that was one of the state’s first sportsbooks. DraftKings is known for its great bonuses, promotions, and betting pools.
Action 24/7
Action 24/7 TN Bonus Offer: Up to $100
Action 24/7 is currently Tennessee’s only in-state sportsbook operator. The Action 24/7 sportsbook features Tennessee-specific offers and special deals on in-state teams in addition to a full-fledged sports betting portfolio. There are also various free-to-play games on Action 24/7 that allow players to win cash, branded swag, and wagering credits. All-in-all, it’s a top-notch Tennessee sportsbook.
Sportsbooks That May Come To Tennessee
William Hill
William Hill is another major operator with online sportsbooks in a number of regulated markets. Tennessee presents a great opportunity for William Hill to launch an online-only offering.
PointsBet
PointsBet has been rising through the ranks of the sports betting world to become a true contender. Its presence in newly legalized states like Illinois and Colorado bodes well for a possible Tennessee launch.
Tennessee Online Sports Betting Apps
The possibilities in Tennessee are virtually limitless thanks to the state’s online-only sports betting law. Here is a list of TN sports betting apps likely to launch by early 2021.
- Action 247
- Bet365
- PointsBet
- Barstool Sports
- William Hill
Tennessee Online Sports Betting Bonuses
Bonuses are beneficial to sports bettors in every state, but Tennessee may prove a hotbed for lucrative promotions and offers. Sportsbooks will be online only, meaning customers will have no existing preference based on a casino partner or loyalty program. Instead, bettors will have their pick of the litter when it comes to deciding which sportsbook to use. It’s a safe bet that the site with the best offers will pull ahead. Here are common promotions and Tennessee sports betting bonuses to keep an eye out for.
Deposit Match Bonus
Deposit matches are offered at many online sports betting sites. They essentially increase your account fund the first time you make a deposit. For example, DraftKings offers a 20% deposit match up to $500. If you deposit $2,500, you can claim the full bonus amount. Casual bettors may wish to deposit less upfront, and that’s okay–even a more modest $200 deposit would get you a $40 bonus credit.
You usually have to bet a certain amount to claim deposit bonuses. In most states, DraftKings requires you to bet $25 to claim $1 of the deposit match credit.
Check for special deals, too. Some sportsbooks will offer deposit matches on your first two or three deposits if you’re lucky.
Risk-Free Bets
Lossback or risk-free bet bonuses give you some insurance on your first wager. You place a bet, and if it loses, the sportsbook refunds some or all of the initial bet and the bonus expires. If you win your bet, the bonus still expires.
Risk-free bets are especially beneficial to new players. They allow you to place a bet without worrying too much about losing. You’ll be able to familiarize yourself with the betting process and hopefully win some money.
FanDuel, BetMGM, and DraftKings all offer risk-free bets to new players in most states in Tennessee. Check for terms and conditions, though. Sometimes you have to place the risk-free bet within a certain time window after signing up.
Refer A Friend
Referrals aren’t quite as common in sports betting as they are on horse race betting sites or online casinos. However, with Tennessee’s online-only approach, word of mouth and referrals could translate to new business for operators.
Refer a friend bonuses credit your account once a friend uses your link or email invite to sign up for a sportsbook and make a deposit or a wager. The bonus range varies, usually getting you and the referred bettor $50 to $100 either in site credit or as a single free bet.
No Deposit Bonus
This is the simplest bonus type. Just sign up for a sports betting account and the operator will give you a small stipend. It’s basically their way of thanking you for signing up, and the bonus amounts usually range from $5 to $30.
What Sports Can You Bet On In Tennessee?
Tennessee is embracing sports betting in a way few other states have by allowing online-only operators and placing no maximum on the number of operators in the state. This open stance toward sports gambling is reflected in the actual sports on offer. Tennessee doesn’t have many restrictions surrounding which sports operators can take bets on, making the state a progressive player in the industry.
Betting On US Pro Sports In Tennessee
Tennessee is no stranger to professional sports teams. The state is home to the Memphis Grizzlies (NBA), Tennessee Titans (NFL), and Nashville Predators (NHL). The Nashville Soccer Club joined the Major League Soccer scene with its inaugural season this year.
Professional leagues will undoubtedly make up a huge slice of Tennessee’s sports betting revenue, including Super Bowl betting. The state’s only requirement is that sports betting operators purchase and use official league data for their available pro sports bets. That data enables things like in-play betting.
Tennessee College Sports Betting
College sports betting is allowed in Tennessee as well. Some states prohibit bettors from wagering on in-state college matches (even if the in-state school is playing elsewhere), but Tennessee has no such restriction. It’s a good thing, too, because the state has a widely popular college sports scene.
The only stipulation with regard to college betting is that live or in-play betting isn’t allowed. Otherwise, Tennessee bettors will be able to place bets on March Madness, the College Football Championship, and regular-season games.
Betting On International Sports In Tennessee
Globally popular sports like cricket, rugby, international soccer leagues, darts, and much more are available at Tennessee’s sportsbooks.
There’s no shortage of worldwide sports on most betting sites. Tennessee operators offer similar bets to those in other states.
The Olympics, one of the world’s biggest sporting events, will feature bets as well. Any event governed by a national or international organization is fair game. Tennessee will surely make use of that rule, especially when Olympic events and international competitions like the FIFA World Cup come around.
Tennessee Esports Betting
Esports betting is allowed by Tennessee’s sports betting law.
Other states that allow esports betting have specific restrictions in place to regulate it. For example, some laws require all participants in a given esports contest to be at least 18 years old. Given the young demographic that participates in esports tournaments, this could remove some wagering opportunities. It’s possible that Tennessee could put similar regulations in place.
What Else Can You Bet On At Tennessee Sportsbooks?
Tennessee law allows for a wide selection of sports bets. You name the sports, chances are you’ll be able to wager on it when Tennessee launches sports betting. MMA, UFC, NASCAR, and many other sports are available in the state.
Popular Deposit Methods For Tennessee Sportsbooks
The online and mobile sports betting framework that Tennessee has put in place creates an interesting landscape for payment methods. Because no land-based casinos are in the state, players won’t be able to deposit or withdraw in cash at a property. However, there are still plenty of payment options available in the Volunteer State.
PayPal
PayPal is commonly accepted at sports betting sites and is available at Tennessee’s sportsbooks, too. The service allows you to deposit money into your sportsbook account with just a few clicks.
Credit And Debit Cards
Credit/debit cards are simple and effective. Pretty much every regulated US sportsbook accepts them, and Tennessee keeps up that trend. Use them with caution, though, because banks commonly decline sports betting transactions as a precautionary measure.
Prepaid Cards
Many sportsbook sites offer prepaid cards as an alternative method of payment. You can load the card with funds from your bank and use it at the sportsbook.
Online Banking
You can connect your bank account directly to your sports betting account for quick wire transfer payments or ACH deposits. Sportsbooks use high-level encryption to protect your data, making this method a fast and easy way to deposit funds.
Cash
Cash is actually the only deposit method not be available in Tennessee, given the absence of any land-based properties. Unless the state significantly changes its stance on casinos, you’re unlikely to find the cash deposit option at the state’s sportsbooks.
What Is The Biggest Online Sportsbook In Tennessee By Revenue?
Tennessee doesn’t have a leading sportsbook yet. Three of the current license holders–BetMGM, DraftKings, and FanDuel–could reasonably take the top slot in The Volunteer State.
The first month of legal sports betting will likely yield an early leader in Tennessee. We will update this page as more revenue information becomes available.
What Do I Need To Create A Tennessee Sportsbook Account?
To register at Tennessee sportsbooks, apps will ask you for the following information:
- Name
- Date of birth
- Address
- Phone Number
- Password (you’ll create one)
- Last 4 digits of your SSN
From there, you’ll have to verify your location. Typically sportsbooks will use your phone’s built-in GPS to do this, but some require a separate geolocation app. You need to be within the state of Tennessee to place a bet, but you do not need to be a resident of the state.
If you want to place a bet right when you sign up, have your preferred deposit method ready. And don’t forget to check for special promotions and bonuses.
Legal Online Sportsbooks In Tennessee Versus Illegal Online Sportsbooks
There are myriad reasons to steer clear from offshore/grey market sportsbooks. You may encounter them as you search for Tennessee’s legal online sports betting sites, so be careful about which sites you visit.
Offshore sites are only beholden to the laws of the country where they base their operations. As a result, they’re very risky and should be avoided. There are a few key signs to look out for.
Licensing And Government Oversight
The Tennessee Lottery oversees all legal, regulated sportsbooks in Tennessee. If you’re unsure whether a specific sportsbook site is sanctioned by the state, scroll to the bottom. Legitimate and licensed sites include licensing information clearly visible on its site or app, and many will have links to more information. If this info is missing or particularly hard to find, chances are you’re on an offshore site.
Limited Options For Bets And Deposits
As mentioned above, Tennessee requires sportsbooks to use official league data. Offshore and grey market sites don’t have access to this data, so they won’t offer live, in-play, or proposition betting.
The same goes for deposit methods. Grey market sportsbooks often only provide one or two ways to deposit, and they don’t protect your data as well as regulated sites do.
Customer Support
Licensed sportsbooks almost always have 24/7 support available to customers. Offshore sites have limited customer service options, which can obviously be frustrating if you encounter an issue.
Tennessee Online Sportsbook FAQ
21. Anyone 21 or older is able to place bets on Tennessee’s online sportsbooks.
Online sports betting sites request that new bettors confirm their identity and age using a government-issued form of identification or a Social Security Number.
Yes. Tennessee allows for online sports betting and DraftKings is one of three operators with a license to launch in the state. The DraftKings Tennessee app launched on November 1, 2020.
DraftKings is expected to be one of the major players on the Tennessee sports betting scene.
Yes. FanDuel is one of the few operators licensed to operate in Tennessee. It debuted to Tennessee sports bettors on November 1.
Unlikely. Most sportsbooks in regulated markets require you to have funds in your account to place a wager. Other than its online-only sportsbook ecosystem, Tennessee isn’t steering far off the path of its regulated counterparts.
You will be able to deposit money using a credit card at the state’s sportsbooks.
Yes. College sports are incredibly popular in Tennessee, and bettors can wager on matches. This includes in-state schools, which many states restrict from sports betting sites.
The only restriction is live betting. Live, in-game betting isn’t allowed on college sports in the state.
Mgm Sports Betting
No. And you’d have trouble if you tried, considering the state has no casinos! You’ll be able to register fully online. Just have your personal information ready. This includes your name, email, address, phone number, SSN, and preferred deposit method.