The case was interesting because many of the companies, particularly MasterCard, announced worldwide practices for accepting Internet gambling charges as part of the settlement of the lawsuit. The rules require that Internet casinos post a notice on their web sites warning that gambling may be illegal in certain jurisdictions and that cardholders must ascertain whether their gambling practices are lawful. The Internet casinos, to be suitable parties to the use of the card, must ask prospective gamblers to identify the state or foreign country where they are located and keep the responses to these questions. Finally, complex new rules will code exactly what kind of gambling-related transaction has given rise to the charge against the credit card. There are innovative strategies to avoid liability.
Many companies eschew the role of casino or gaming site.
Some additionally avoid playing the role of bookmaker. The company states that it does not actually accept the bet. Rather, it is a communications vehicle for information moving between the bettor and the track, for which it charges a monthly fee and a percentage of the wager. The customer would then be able to place bets with pre-established credit at the casino s actual site. This sounds like one of those interminable first-year hypotheticals concerning long arms, doing business, and the Commerce Clause.