Jun 27, 2013 PokerStars will be in more USA states in the near future, and Pennsylvania could be the second state to welcome PokerStars in the USA. PokerStars, also owner of Full Tilt Poker, sold their gambling business to Amaya Gaming for $4.9 billion in a legal strategy to enter the U.S. Under the pretense that they are a ‘new company’. Jul 31, 2019 Because legal interpretations of the UIGEA were somewhat split at the time a few poker sites (PokerStars, Full Tilt Poker, Absolute Poker) decided to remain offering online poker to the US while several major poker sites (partypoker, Betfair, 888poker) left the U.S.
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On this page we explain in basic format the intrinsic and extremely confusing laws bound to poker sites whom operate in the United States as a future poker player should know before playing. We differentiate between offshore and U.S. licensed operations as it pertains to poker players within U.S. jurisdictions. Please use these FAQ to help you get an understanding of the US poker market in 2018 as we head into substantial regulated poker in the US within the next few years. This page is updated each week as deemed appropriate.
– Is playing online poker legal in the United States?
– If online poker is legal to play, why was the passage of the Unlawful Internet Gambling Prohibition Act (UIGEA) so significant?
– What is the difference between regulated and unregulated online poker markets?
– What are my deposit options at an online poker site in a regulated market?
– What are my withdrawal options at an online poker site in a regulated market?
– How can I deposit at an online poker site in an unregulated market?
– How can I withdraw at unregulated online poker rooms?
– Why do some sites not allow players from certain states?
– What are some of the pros and cons between regulated vs. unregulated sites?
– I’m from a state that doesn’t offer a regulated online poker market, are unregulated sites safe? I’m worried about another “Black Friday.”
– What are the most popular games being played online?
– Is the unregulated poker market still viable for professional poker players?
Is playing online poker legal in the United States?
This is probably the question most commonly asked by new players. The short answer is yes, online poker is legal in the United States on the individual level. It’s certainly not illegal federally, despite many misleading statements over the years from government officials and those in favor of online gambling prohibition.
It can get a little tricky on the state level. Most states don’t have laws against online gambling, but in some states, such as Washington state, online gambling is a felony offense. Citizens can even be prosecuted for simply having online poker software on their computers. States that have laws against individual gamblers, like Utah and Louisiana, also criminalize online poker by default.
With that said, no one has ever been prosecuted on the national or state level for playing online poker. Even in Washington state, there have been zero online poker arrests. Even though these laws are on the books, no one is being arrested or prosecuted. So yes, it is safe to play poker from the US. Please see the referenced article for a complete article on safety and more here about getting scammed in poker.
Currently, online poker is legal and regulated in New Jersey, Delaware, Nevada, and Pennsylvania. Players in those states will have no issues playing on regulated sites in these states, but more on this later.
It’s always good to know your local laws and keep an eye on the news regarding online poker, but for the most part, players have nothing to worry about from a legal perspective when it comes to playing online poker.
If online poker is legal to play, why was the passage of the Unlawful Internet Gambling Prohibition Act (UIGEA) so significant?
Congress passed the UIGEA in 2006, and it was signed into law by then President George W. Bush as a rider on a Port Security Bill. As I mentioned above, the law had no affect on the legality of playing online as an individual, but it did criminalize offering online gambling services to US citizens.
After the bill was passed, foreign companies and offshore gambling operators faced federal prosecution for offering gambling sites to American citizens. Banks that processed payments relating to online gambling could also be prosecuted.
The UIGEA is still the law of the land today, but states got a green light to offer poker and casino gambling on the intrastate level when the US Department of Justice reversed their longstanding decision on the 1961 Wire Act in December 2011.
Though passed in 1961, the Wire Act had been used by the US government to justify (rightly or wrongly) that all forms of Internet gambling are illegal. The new opinion, published in late 2011, stated that the Wire Act only applied to sports betting. Nevada was the first state to pass an intrastate online poker law after the reinterpretation of the Wire Act.
What is the difference between regulated and unregulated online poker markets?
This is important to understand and something that players new to the game might not be familiar with when they choose a site. While several states have legalized and begun to regulate online poker, the vast majority of states have not yet done so.
In states like Nevada, New Jersey, Pennsylvania, and Delaware, there is a blossoming regulated market with sites based within the state. The sites abide by local gaming regulations and pay taxes to the state government.
Unregulated sites are based outside the United States. Many are located offshore or in Central America but can be located just about anywhere. These sites do not follow US gaming laws and are violating the UIGEA by offering online poker to Americans.
One crucial aspect to remember is that players who are playing in regulated markets have recourse if their funds are lost or stolen or if they feel they have been wronged by an online poker room.
On the flip side, there is little that a player can do when an offshore or unregulated room makes a decision. Other than looking for public support through gambling watchdog sites or forums, players have little recourse and almost no legal standing.
What are my deposit options at an online poker site in a regulated market?
Deposit options will vary depending on the state, but the most popular method is toplay poker for money with credit card. Visa and MasterCard deposits are instant and come with no fees. Despite operating in a legal environment, many credit and debit cards are still being rejected, but this is expected to improve as merchant codes are added to signify legal gambling entities.
Other options include bank transfers (ACH) and eCheck deposits. Neteller and Skrill, online e-wallets that specialize in gaming payment processing, have also made their return to the US market in some states. PayPal re-entered the US online gambling market in 2015.
Another popular choice is depositing through the casino cage in person. Players simply have to go to their brick n’ mortar property and go to the casino cage to deposit into their online poker account. This may be a hassle for some, but this method has a 100 percent success rate.
Overall, regulated sites offer a much better assortment of deposit options than those in offshore, unregulated markets.
What are my withdrawal options at an online poker site in a regulated market?
Withdrawal options are similar to deposit options for those playing in regulated states. In most cases, the method used for deposit will also be used to process withdrawals back to customers.
Similar to deposits, options for withdrawals will vary depending on the site. Across most sites, the most common is withdrawal via check. Other options include bank transfer and e-wallet, if you used that method to deposit. Of course, you can also drive down to your casino’s cage and get a withdrawal right from the window.
In comparison to unregulated sites, withdrawals in regulated markets are universally free of charge. This is an important distinction, because those that play on offshore sites will be paying hefty fees for some withdrawal methods. Withdrawals are also processed much faster compared to their offshore competition. Most sites will process payouts within 24 hours and will offer faster overall speeds. Playport social casino.
How can I deposit at an online poker site in an unregulated market?
Due to the sites in unregulated markets operating illegally in the United States, deposit options will be much more limited compared to those available at regulated sites.
However, like regulated sites, credit and debit cards are still the most popular option for withdrawals. Visa cards have the highest acceptance rate, but some sites will take MasterCard, American Express, and Discover cards. Those who have issues depositing with their personal cards can always go the Visa gift card route as those are available at just about every gas station around the country. Depositing via card is free in just about all cases, and deposits are credited instantly.
If you’re out of luck in terms of a credit card, the second-best option is to deposit via person-to-person transfer. This involves going to a Western Union or MoneyGram location (there are thousands of these around the US) and sending a transfer to a sportsbook representative. These come with large fees, but sites usually reimburse players if they deposit $300 or more. Once players send the transfer, their account will be credited with the funds within 24 hours or less.
Currently, there aren’t many other methods to deposit at most offshore rooms. Bank wire is an option for some sites, but it is generally rare. Bitcoin, a crypto-currency that has emerged in popularity in recent years, has gained a lot of traction.
How can I withdraw at unregulated online poker rooms?
Like deposits, withdrawal methods at offshore and unregulated rooms will be more limited compared to regulated sites.
Check by mail is easily the most popular method for withdrawal, but unlike regulated markets, checks will come with fees and are processed considerably slower. Some sites can get checks to players within a few days, but they normally take 1–2 weeks to reach players’ doorsteps.
Most US-facing online rooms do offer one free withdrawal via check every 30 days or once a month. Subsequent checks will come with fees, ranging usually ranging between $25–$70. Most of the checks are typically on the low end of that cost range.
Bank wires are available at many sites as well. These are usually processed about as quickly as checks (1–2 weeks) but perhaps slightly longer. It is rare that a site will offer a bank wire as a free monthly withdrawal method. Fees for this method can range from $50–$100, including additional charges by your bank for receiving the wire.
Person-to-person transfers are easily the fastest withdrawal method, but are also the most expensive. They are processed in just 48 hours or less and can be picked up at the thousands of Western Union and MoneyGram locations around the United States. However, fees range from $25–$180, depending upon the amount requested.
One method that has gained some traction at several US-facing rooms is a debit card withdrawal option. Players will receive a debit card via mail and will be able to withdraw funds from their poker account to the card. The debit card can be used at an ATM and to purchase regular goods and services. It works just like a regular debit card.
The debit card option will come with a small start-up fee, along with monthly maintenance and ATM fees, but it’s still an extremely strong option due to its convenience. Cashouts are processed to the card in 1–2 business days.
Why do some sites not allow players from certain states?
Well, for regulated, legal intrastate online poker rooms, state laws don’t allow them to accept players from other states. They can only operate on the state level, meaning players can only play for real money if they are currently residing in the state.
Offshore sites can accept players from any state they wish, but some have opted to bar players from certain states for various reasons. Most offshore sites have opted out of servicing players from Nevada, Delaware, Pennsylvania, and New Jersey due to the legal markets currently operating there. Others have stopped accepting players from states like New York, Kentucky, and Maryland. This is most likely because of state and federal lawsuits that have originated from those states.
What are some of the pros and cons between regulated vs. unregulated sites?
For one, these foreign operators pay little to no taxes, allowing the sites to best the vast majority of state-licensed rooms in terms of deposits and promotions. Many unregulated sites offer four-figure deposit bonuses, while the deposit bonuses on the intrastate level are around several hundred dollars.
Foreign operators also offer much larger player pools than state-licensed rooms. However, this is most likely because only four states have currently decided to regulate and tax online poker. New Jersey, Nevada, Pennsylvania, and Delaware are all relatively small states, and while player numbers are growing in all four, liquidity is the most crucial factor for these smaller markets. For this reason, unregulated sites offer better game selection and better availability of certain games.
Nevada, Delaware, and New Jersey have already agreed on an interstate compact, which has allowed the states to combine player pools to help liquidity.
I mentioned previously in this FAQ that players at offshore sites will have almost no recourse if they feel they have been cheated. They’re at the mercy of operators. This isn’t the case when it comes to regulated intrastate poker. Players will have the American legal system to protect them from fraud and will be able to take action in court if it comes to that.
I’m from a state that doesn’t offer a regulated online poker market, are unregulated sites safe? I’m worried about another “Black Friday.”
“Black Friday” refers to United States v. Scheinberg, a federal criminal case that centered on UIGEA violations against online poker rooms PokerStars, Full Tilt Poker, and Cereus (Absolute Poker and UltimateBet) and payment processors.
The case brought the US-facing online poker industry to its knees, as the sites were forced out of the country. PokerStars paid players within two weeks, but Full Tilt was later found to be insolvent. Players had to wait over two years to receive hundreds of millions in balances via remission from the US government after PokerStars bailed out the company from potential bankruptcy. Cereus customers were never repaid their balances.
Trepidation is justified when it comes to playing at unregulated sites, but after Black Friday, the sites have become more careful than ever when it comes to processing transactions. The seizures effectively ended the eCheck deposit method (other than for regulated sites), and US-facing rooms are now more clandestine when it comes to processing transactions.
Is there still a risk of fund seizure due to the Department of Justice’s war on foreign gambling operators? Absolutely, but it’s less likely at this point. With that said, it wouldn’t be wise to keep most of your net worth in an offshore poker room. Cashing out frequently if you’re a big winner is strongly suggested.
What are the most popular games being played online?
No Limit Hold’em is by far the most widely played game across both unregulated and regulated sites. The game dominates cash and tournament play at all levels. Second in line is Pot Limit Omaha, which has a strong following at most sites.
Other games, such as Omaha Hi/Lo and Limit Hold’em, are hit and miss, depending on where you’re playing. Generally, these games will be more available in the evening, when there is more traffic.
Is the unregulated poker market still viable for professional poker players?
It’s certainly not what it was pre-Black Friday, or even pre-UIGEA, but US online poker markets are still excellent. There is money to be made at all games and limits, especially if players use proper game selection. Some as you can see have taken the land based live game route. See here for how much they make and what life is like, written by a real poker pro from Philly…
The vast majority of online poker rooms that service US players also double as casinos and sportsbooks. This brings in a never-ending supply of recreational gamblers, who wander over to the poker room after running up their balance at the casino or sportsbook.
Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018
(C) Copyright PokerWebsites.com, 2018
Five states have legalized online poker. Here is a guide to the online poker scene in the US.
Nevada online poker
Nevada was the first state to launch regulated online poker.
The regulated US online gambling industry started in Nevada. In December 2011, the Nevada Gaming Control Board adopted regulations pertaining to Nevada online poker sites.
The regulations required affirmation through the Nevada legislature. Nevada lawmakers meet on a biennium. The state passed the regulations governing Nevada online poker in February 2013.
On April 30, 2013, Ultimate Poker launched as the first regulated online poker room in the US.
The launch was flawed due to poor software and unproven geolocation services. Ultimate Poker attracted about 300 peak players and the same number of players participated in sit and gos and tournaments.
Player complaints were common due to the poor software. The site’s inability to locate some players caused it to lose customers.
WSOP.com launched on September 17, 2013. WSOP.com enjoyed massive brand awareness and dominated the market within two months.
Ultimate Poker succumbed to the small intrastate poker player pool in Nevada. It left the Nevada market on November 17, 2014. This leaves onlyWSOP.com and Real Gaming in the Nevada online poker market.
On March 24, 2015, a liquidity sharing agreement between Delaware and Nevada went live. New Jersey joined the compact in April 2018. So, players from three states can now sit at the same table.
Technically, there is a second active poker site in Nevada. Real Gaming, backed by South Point Casino, launched in February 2014.
However, the site never has gained more than 1 percent of the market at any time. Currently, its influence in the market is small enough that WSOP more or less enjoys a monopoly in the market.
Nevada online poker sites
- WSOP.com NV
- (Real Gaming)
NJ online poker
New Jersey is currently home to seven online poker sites. Those sites are spread across four distinct networks, and operate through three different licensees.
The New Jersey legislature legalized online poker and casino games in the state in December 2012. After some back-and-forth between Gov. Chris Christie and the lawmakers, the governor finally signed the bill into law.
As a result, New Jersey online poker and casino games launched on November 21, 2013. Borgata and its partner Party Poker dominated the New Jersey online poker world at the time after launch.
WSOP NJ was the second biggest site after Borgata/partypoker. It used 888 software, but was a standalone room. 888 operated its own platform, but began to share player pools with WSOP.com in January 2015.
PokerStars NJlaunched in New Jersey on March 21, 2016.
The site opened at around the same size of WSOP.com and Borgata. Since launch, PokerStars has been the top site in the Garden State for much of its tenure.
In April 2018, New Jersey joined the multi-state compact with Nevada and Delaware. The agreement allows the three states to share their player pools across state lines.
New Jersey online poker sites
- Pala Poker
Delaware online poker
Delaware was the second state to legalize and regulate online gambling. It was legalized through the state legislature in June 2013.
Online casino games went live on October 31, 2013. The online poker network opened on November 8, 2013.
Delaware offers online poker and casino games through its state lottery. Interactive gaming is marketed through its three video lottery racinos.
888supplies the platform all three sites. The online poker room shares liquidity between all sites. Delaware and Nevada started sharing online poker player pools on March 24, 2015. New Jersey joined the pool in April 2018.
Delaware online poker sites
- Doverdowns.com
- Delawarepark.com
- Harringtonraceway.com
Pennsylvania legal online poker and casino
Pennsylvania became the fourth state to legalize and regulate online poker and online casino play in the U.S. when Governor Tom Wolf signed bill H 271 on Oct. 30, 2017. Online poker was expected to launch by July of 2019.
However, that date was pushed back until PokerStars officially launched on Nov. 4, 2019. This became the first online poker operator in Pennsylvania.
The site is now fully operational with the excellent software, cash games, and tournaments that players have come to expect. PokerStars has promised much more for players in the state and received a nice reception from many in the state.
There are eight casino or operators attempting to launch online poker in Pennsylvania right now. One of them is MGM Resorts, which applied for a license as a qualified gaming entity through its Borgata property in New Jersey.
The Pennsylvania casinos which have both applied for and been approved to offer online poker are:
- Harrah’s Philadelphia
- Hollywood Casino at Penn National Race Course
- Mount Airy Casino (now live through its partnership with PokerStars)
- Parx Casino
- Sands Bethlehem
- SugarHouse Casino
- Valley Forge Casino
West Virginia online poker and casino
West Virginia joined the online gambling party on March 27, 2019. Gov. Jim Justice allowed H 2934, the West Virginia Lottery Interactive Wagering Act, to become law without his signature.
The law allows the five land-based casinos to apply for interactive licenses. Each license initially costs $250,000 and must be renewed for $100,000 every five years. Casinos will pay 15 percent of revenue in taxes.
The five properties which will develop online sites in West Virginia are:
- The Casino Club at Greenbrier Resort
- Hollywood Casino Charles Town
- Mardi Gras Casino
- The Mountaineer Hotel, Casino & Resort
- Wheeling Island Hotel-Casino-Racetrack
Legalization is terrific news, but active online gambling in West Virginia is still somewhat in the future. The state’s officials will have to create a set of regulations. The best estimate from various sources is that the first online casino in West Virginia won’t appear until 2020.
Online poker bills introduced to state legislatures
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Legal US online poker FAQs
Is it legal to play online poker in the US?
It depends on the state.
In Nevada, New Jersey, and Delaware, there are online poker sites that are licensed by the associated state gaming commission.
There are laws that make it illegal to play online poker in Louisiana, Utah, and Washington. In Washington, it is a felony to play any form of online gambling.
It is a misdemeanor in Utah and Louisiana to play online poker or any other form of gambling over the internet. No other states make it illegal to play online poker, even if the site is located offshore.
Global Poker is perhaps the only site to pass any kind of legal muster. The site uses a unique dual-currency model to operate as a sweepstakes site, rather than a straight online poker site.
So, most players in the US can play through Global Poker, or its sister site, Chumba Casino.
Is it legal to play on offshore sites like Ignition?
Yes and no. Sites like Ignition Poker or America’s Card Room exist in a legal zone some call the “grey market.”
Basically, these sites are operated and monitored by entities outside the United States. Most state laws in the US do not say one way or another about the legality of these sites.
However, this lack of legislative mention puts any of these sites at risk of closure should a state or federal executive branch choose an unfavorable interpretation of existing law. Also, these sites are less accountable to their players due to their international status, and as such, disputes over money can be much more difficult to resolve.
Why isn’t there a federal online poker bill?
There have been many attempts to pass an online poker bill at the federal level.
- 2009 – Rep. Barney Frank first proposes regulated online poker.
- 2011 – Frank and Rep. Joe Barton attempt to get Congress to repeal the Unlawful Internet Gambling Enforcement Act (UIGEA).
- 2012 – Sen. Harry Reid and Sen. Jon Kyl combine to propose a poker-only bill, known in the poker community as Reid/Kyl. The bill dies when Congress adjourns.
Nowadays, the federal government is more likely to focus its attention on sports betting. Unfortunately, online poker and gambling just doesn’t rate for many constituencies as key issues.
There does seem to be a movement towards greater states’ rights, however. The dismissal of PASPA in May 2018 allowed sports betting to proceed at each state legislature’s discretion.
A recent reversal of Department of Justice opinion on the Wire Act may also end up being a net positive for online gambling advocates. The DOJ seems to have been swayed by anti-gambling lobbyists funded by Las Vegas Sands owner Sheldon Adelson.
Neither the states nor the media are amused by the appearance of corruption and impropriety. As a result, online gambling might become a medium for states to argue a greater issue, and thus, rise in prominence.
What is the UIGEA?
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UIGEA is an acronym for the Unlawful Internet Gambling Enforcement Act. It passed Congress in September 2006 and was signed into law by President Bush two weeks later.
The UIGEA made it illegal for banks to process payments for unlawful gambling sites. It did not define what that was. Most publicly-traded sites immediately left the US market after the UIGEA was enacted.
These included Party Poker, iPoker, Microgaming Poker Network, Ongame, and 888. All of these examples returned to the US market when states started to regulate online poker.
![Full Full](/uploads/1/2/5/2/125271847/259026002.jpg)
What is Black Friday?
Black Friday was the day the US online poker community describes April 15, 2011.
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On that date, PokerStars, Full Tilt Poker, and Absolute Poker were charged with gambling crimes by the US Department of Justice in the Southern District of New York.
Unfortunately, Full Tilt Poker and Absolute Poker did not have enough cash on hand to pay players. PokerStars paid all customers within weeks. Strange as it may seem, it was PokerStars that eventually made all Full Tilt Poker players whole after coming to an agreement with federal authorities.
Will online poker ever be legal in my state?
It depends on the state.
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It seems impossible to think online poker will ever be legal in Utah as it offers no other forms of legalized gambling.
The situation regarding online poker bills is always changing, however. There are several states that are considering legal online poker currently. They are:
- Connecticut
- S 17 would legalize online gambling and sports betting
- Kentucky
- H 175 would legalize online poker, sports betting, and daily fantasy sports
- New York
- A 4924 would certify online poker as a game of skill under New York law
- Tennessee
- SJR 165 would legalize all forms of online gambling
- West Virginia
- H 2934 would make all “interactive” gaming legal
- Virginia
- HB 2321 seeks to study online gambling expansion of all types
Of the six, West Virginia would seem to have the inside track to be next to launch. The Mountain State is already home to online sports betting, and the aforementioned bill is already passing through initial legislative committees.
Three other states, Illinois, Massachusetts, and Michigan, are also interested in online poker. However, they haven’t gotten their collective acts together just yet.
Can I play at a legal online poker site while not in that state?
Legal online poker sites licensed in Delaware, Nevada, and New Jersey use geolocation software to ensure that players are located in the state at the time of action.
This takes into account the IP address of the player, location of a related cell phone, and nearby wireless access points. It is impossible to play at legal online poker sites when located outside state lines.
Is my money safe at legal US online poker sites?
As a matter of fact, money held at legal poker sites is just as safe as it would be behind the cashier cage at the casino.
The very same gaming regulations that apply to live casinos are also valid for regulated sites. All deposits are held in separate accounts from cash used for operations.
How do I deposit at legal poker sites?
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Legal poker sites in the US accept deposits by:
- Visa
- MasterCard
- Electronic checks
- Neteller
- Skrill
- PayNearMe
- PayPal
- Cash at associated casinos in Atlantic City and Las Vegas
How do I withdraw from legal poker sites in the United States?
Zorro free online poker machines. Legal poker sites pay winnings by:
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- Electronic check
- Check by mail
- Bank wire
- Neteller
- Skrill
- PayPal
- Cash at associated casinos in Atlantic City and Las Vegas