As of today, July 15, 2024, Google gaming regulations contain significant revisions. The Google Ads policy for daily fantasy sports ("DFS") operators now enable them to run advertisements in many markets across the United States, subject to certain requirements. As our readers are aware, real money DFS contests have existed for quite some time. Dating back to when FanDuel arrived on the scene, individual states have promulgated rulemaking with major implications for both DFS operators and advertisers within their respective jurisdictions. It was only a matter of time before Google's gaming advertising policies were updated to address this continuing trend.
Both DFS operators and companies that advertise their offerings must navigate numerous and differing regulations across state lines. Google's updated gaming regulations continue to emphasize that this responsibility lies with DFS companies, requiring licensure and several levels of compliance. Those that are unaware of, or ignore, their compliance obligations risk immediate suspension from the Google Ads platform. Considering Google's stature as the world's premier search engine, the consequences are quite significant.
What are the Specific Updates to Google's Gambling and Games Policy?
Beginning today, Google will start accepting ads for DFS operators in Alaska, California, Florida, Georgia, Kentucky, Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Rhode Island, South Dakota, Utah, West Virginia, Wisconsin and Wyoming. These ads may only target consumers residing in certain states. To qualify, DFS companies must meet several initial requirements:
- Ads may not target minors (individuals younger than 18 years of age).
- A disclaimer explaining that services are intended only for adult users must be featured on DFS landing pages.
- Information for problem gamblers must be in the ad creative and on the company landing pages.
- Advertisers cannot maintain or imply that they are affiliated with schools or universities.
DFS operators and their advertising partners that want to take advantage of this update must also apply for Google certification. If an applicant intends to advertise in a state whose respective authority requires licensure, Google requires that the applicant be already licensed before seeking certification. If advertisers are targeting consumers in a state that does not require a license, they must be licensed in at least one other state that does require a license to operate or advertise DFS offerings.
Companies that are interested in advertising DFS contests in the United States would be well-served to familiarize themselves with Google's ever-evolving gambling and games policy.
Exercise Caution When Engaging in Google Gaming Advertising
Over the years, DFS contests have become quite popular with consumers across the United States. As such, it is a very lucrative opportunity for operators and advertisers to prioritize their Google gaming advertising campaigns. Before initiating their marketing efforts, however, it is important that companies understand Google's strict requirements. Remember that DFS operators must effectively navigate not only Google's gaming advertising framework, but also the varied state licensure processes. Given the foregoing, it is imperative to work closely with seasoned fantasy sports lawyers to regularly review gaming contests, entry fees, prize structures and associated advertising campaigns.
The attorneys at Klein Moynihan Turco diligently monitor evolving gaming regulations so that clients remain compliant with applicable laws.
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