Supporting the Legal Sports Betting Market
Since the federal ban was overturned in 2018, states and sovereign tribal nations have had the opportunity to establish frameworks for legal sports betting, which protect consumers and create tax benefits for local communities.

Embracing America’s Passion Through Effective Regulation
In May 2018, the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA), a decades-old federal law that prevented states other than Nevada from allowing legal, regulated wagers on collegiate and professional sports. This federal prohibition inadvertently created a massive illegal market — along with a myriad of associated public policy problems.
The Supreme Court’s 7-2 decision was a win for millions of Americans who seek to participate in sports wagering in a safe, legal and regulated manner. States and tribal nations can now set their own policies to legalize and regulate sports betting in an effective manner that protects consumers and creates tax benefits for local communities.
Since May 2018, sports betting is legal in 38 states and Washington, D.C., and has generated more than $2.45 billion in federal, state and local taxes.* This tax revenue funds infrastructure, education, responsible gaming education, problem gambling services, and other core priorities.
*Based on AGA’s compilation of state gaming regulator reporting and estimates of federal excise tax.
Repealing Federal Excise Tax on Sports Betting
The Internal Revenue Code currently imposes a federal excise tax of 0.25 percent on the amount of any legal sports wager with a sportsbook, as well as an additional $50 annual head tax for every employee engaged in receiving wagers for or on behalf of any legal sports betting operator. This tax was established in the 1950s, not as a revenue source, but rather as a tool for prosecuting illegal bookmaking operations that didn’t pay the tax.
Currently, this tax serves no dedicated purpose and represents an added operating cost to legal sportsbooks that illegal operators do not pay, further impeding customers’ move away from the predatory, illegal market to safe, regulated sports betting channels. Congress can help empower the success of a safe, regulated marketplace by repealing the federal excise tax that unnecessarily disadvantages legal sports betting operations.
Resources
WASHINGTON – Fans in legal sports betting states will see in-arena responsibility messaging due to the American Gaming Association’s (AGA) new public service campaign designed to educate fans and consumers about responsible sports betting practices.
The Have a Game Plan™, Bet Responsibly campaign is currently live in Capital One Arena in Washington, DC and T-Mobile Arena in Las Vegas, NV, with plans to launch in other sports betting markets soon. Through the campaign, the AGA is leading the gaming industry in responsible sports betting promotion, both in key markets and nationally. The effort also focuses on bolstering responsible gaming engagement from sports leagues, teams, and other new entrants into the sports betting ecosystem.
“This is a watershed moment for sports betting in the United States,” said Bill Miller, president and CEO of the American Gaming Association. “Roughly 100 million Americans will be able to legally wager on sports in their state by the end of this year. It’s more important than ever that the gaming industry, and our new partners in the sports betting ecosystem, are proactive in equipping patrons with the tools they need to engage in these offerings in a responsible manner.”
The campaign focuses on four responsible sports betting principles:
- Set a budget and stick to it.
- Keep it social: play with friends, family, and colleagues.
- Be informed: learn the details of the games you’re playing.
- Play with trusted licensed, regulated operators.
“By encouraging consumers to have a game plan when they wager, the industry is making good on its commitment to instill responsibility as a key tenant of every new legal sports betting market,” added Miller.
“When it comes to legal sports betting, nothing can be more important than responsibility,” said Jim Van Stone, president, business operations and chief commercial officer of Monumental Sports & Entertainment. “Monumental Sports is proud to support the AGA’s Have a Game Plan™ campaign in Capital One Arena and establish a high bar for responsibility, even before legal sports betting launches in Washington, DC.”
“The Golden Knights are pleased to work with the American Gaming Association to extend our state’s longstanding commitment to responsibility by encouraging all of our fans to Have a Game Plan™,” said Vegas Golden Knights President Kerry Bubolz. “Gaming should always be enjoyed responsibly. We look forward to working with the AGA on educating our fans and reinforcing this messaging during our home games at The Fortress.”
Background
- On the first anniversary of the invalidation of the Professional and Amateur Sports Protection Act (PASPA) last May, the AGA and its members announced self-regulation of sports betting advertising.
- Fourteen states now offer legal, regulated sports betting, with six more states and the District of Columbia poised to open legal markets in the coming months.
- Americans have legally wagered more than $19 billion on sports nationwide since PASPA was overturned, generating $175 million in tax revenue to state and local governments.
- The AGA’s interactive sports betting map enables fans to stay up to date on where sports betting is legally available.
The campaign announcement coincides with Problem Gambling Awareness Month. The AGA and its members are committed to providing consumers with responsible gaming education and resources to help keep sports betting and other gaming activities a form of fun, adult entertainment.
The American Gaming Association monitors trends in gaming and sports betting advertising spending and volume.
Understanding the volume of gaming advertising the public sees and hears each year, especially multi-year trends and how gaming ad volume compares to other industries, provides important context to the discussion around sports betting advertising.
The widespread legalization of sports betting brought with it advertising for legal, regulated sportsbooks that compete for consumer attention with illegal offshore books. These illegal operators use deceptive online marketing tactics to bombard bettors with misleading claims about their legal status. Previous AGA research has shown that 70% of sports bettors primarily using offshore sites didn’t realize they were betting with unregulated sportsbooks.
Advertising by legal sportsbooks plays an important role in informing consumers about legitimate betting operators and in migrating those consumers to safe betting options.
As sports betting has expanded into new states, legal operators often launch advertising campaigns to raise awareness of legal sportsbooks and capture market share. Over time, those markets mature and the level of advertising declines. Last year, there were fewer television ads for sports betting than for other familiar products marketed to adults.
In fact, gaming and sports betting advertising volume has been declining in recent years.
SPORTS BETTING TV ADVERTISING VOLUME DOWN ONE-THIRD FROM 2021
- Total advertising spend related to sports betting (including DFS) declined $210 million compared to 2022, a 15% decline. Excluding DFS, sports betting ad spending was down 21% from 2022.
- Sports betting ad volume was down 4% year-over-year across all channels, having contracted 20% from the 2021 peak.
- Advertising volume across TV—the largest category for sports-betting advertisers—declined more—11%—and has decreased 33% since 2021.
- Sports Betting’s share of total TV advertising volume was 0.4% in 2023, slightly lower than Alcohol (0.5%), Telecom/Wireless (1.5%), Fast Food (3.8%) and dwarfed by Pharmaceuticals (14.1%).
- For every sports betting advertisement on TV in 2023, there were more than 3 telecom/wireless commercials, 8 TV spots for fast food, and 31 pharmaceutical commercials.
METHODOLOGY
A Nielsen study, commissioned by the American Gaming Association, analyzed trends around sports betting advertising in the United States in 2023. The research leveraged Ad Intel, Nielsen’s advertising monitoring service for tracking detailed ad spend in markets and media outlets including TV, print, digital, out-of-home and cinema.
The American Gaming Association’s (AGA) Board of Directors today named Bill Miller as the trade association’s next president and chief executive officer, effective January 14, 2019, following a comprehensive search and selection process.
During his tenure as senior vice president at the Business Roundtable (BRT), Miller helped grow the organization’s brand and advocacy footprint in Washington, leading the association’s outreach to Capitol Hill and the Administration.
“I am honored to join a team with a well-earned reputation for advancing the casino gaming industry’s legislative and communications priorities and addressing the issues that matter most to its members,” said Miller. “Much to the AGA’s credit, this is a remarkable time for gaming in America. The industry is growing, acceptance of gaming as mainstream entertainment has never been higher and the opportunities to continue to advance gaming’s agenda are abundant. I am eager to help lead the industry in this next era.”
A broad, seven-member search committee was formed in June, led by Tim Wilmott, CEO of Penn National Gaming and Chairman of the AGA Board of Directors.
“Bill’s extensive work with federal policymakers and as a seasoned leader of membership and industry advocacy organizations was critical to our decision,” said Wilmott. “He joins a successful organization at a time when our industry is enjoying great momentum, thanks in part to a major policy achievement – the ending of the federal sports betting prohibition. On behalf of the AGA Board, I am excited to welcome Bill to the team.
“The Board is extremely thankful for the leadership of Stacy Papadopoulos and Sara Slane, and the commitment of the entire AGA team during this period of transition,” continued Wilmott.
With senior level experience at leading business groups and trade associations including BRT and the U.S. Chamber of Commerce, Miller joins the AGA at a time when the gaming industry is growing both in size and popularity. The May 2018 Supreme Court ruling overturning the federal ban on sports betting was a landmark policy achievement for the industry. Revenue grew in twenty states with commercial casinos in 2017 and the commercial gaming industry as a whole brought in $40.3 billion in gaming revenue, while tribal casinos tallied $32.4 billion in total gaming revenue.
WASHINGTON – An overwhelming majority of Americans – 63 percent – support the U.S. Supreme Court decision to strike down the federal ban on sports betting, according to research released today by the American Gaming Association (AGA). A record 8-in-10 Americans support legalizing sports betting in their states.
In the months since the Supreme Court deemed the Professional and Amateur Sports Protection Act (PASPA) unconstitutional, ten states and the District of Columbia have authorized sports betting. Fifteen states have active or pre-filed bills to legalize sports betting in their jurisdictions and an additional dozen states are likely to consider sports betting legislation in 2019.
Two thirds of those surveyed (66 percent) agree that regulation and oversight of gaming should be left to those jurisdictions. Additional findings include little public support for professional sports leagues taking a share of sports betting revenue by getting a cut of the amount wagered on sports. Only 23 percent of Americans believe that the leagues should collect a fee from the amount wagered on sports, while 55 percent oppose.
“The results of this research are overwhelmingly clear: consumers want legal sports betting, they believe it should be regulated by state and tribal governments and they don’t think the leagues should get a cut,” said Sara Slane, senior vice president of the American Gaming Association. “This weekend, 23 million Americans will wager a staggering $6 billion on the Super Bowl. To put that in perspective, Americans will bet around the same amount on this one event as they bet legally in all of 2018.
“However, Americans will continue to bet illegally without access to safe, regulated alternatives. With sports betting legislation flooding state capitals across the country, legislators can pursue these opportunities knowing they have the support of their constituents. AGA will continue to advocate for the inclusion of sensible gaming policies wherever it is being considered, including consumer protections and reasonable tax rates that enable the legal, regulated market to compete with illegal bookies and offshore operators.”
About AGA: The American Gaming Association is the premier national trade group representing the $261 billion U.S. casino industry, which supports 1.8 million jobs nationwide. AGA members include commercial and tribal casino operators, gaming suppliers and other entities affiliated with the gaming industry. It is the mission of the AGA to achieve sound policies and regulations consistent with casino gaming’s modern appeal and vast economic contributions.
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The four major sports leagues will earn a collective $4.2 billion from widely available legal sports betting, further proving that working together with the gaming industry will pay dividends for all sports stakeholders. Legal sports betting will also create substantial opportunities for state and local economies, generating tax revenue, jobs and supporting small businesses across the country.
The study analyzes the revenue streams that legal sports betting could generate for both professional leagues: revenue as a result of spending from betting operators on advertising, data and sponsorship, and revenue generated as a result of increased consumption of the leagues’ media and products.
$4.23 Billion
Direct and Indirect Revenues Impact
$596 Million
Direct TV Advertising Revenue from Gaming Services
$89 Million
Data and Video Revenue
League-by-League:
Methodology
To quantify the value of a legal sports betting market to the NBA and MLB, Nielsen Sports surveyed more than 1,000 adult sports fans – including NBA and MLB fans – and self-identified sports bettors nationwide to model how a national, legal sports betting market would affect the sports consumption habits of non-bettors, casual bettors and avid bettors, and how this change in consumption would translate to increased revenue.
WASHINGTON – Annual revenues for Major League Baseball (MLB) and the National Basketball Association (NBA) may increase by $1.1 billion and $585 million, respectively, due to widely available, legal, regulated sports betting, according to a new Nielsen Sports study commissioned by the American Gaming Association (AGA).
The study analyzes the revenue streams that legal sports betting could generate for both professional leagues: revenue as a result of spending from betting operators on advertising, data and sponsorship, and revenue generated as a result of increased consumption of the leagues’ media and products.
According to Nielsen Sports, greater fan engagement and viewership could boost the two leagues’ total annual revenue from media rights, sponsorships, merchandise and ticket sales, producing $952 million for MLB and $425 million for the NBA from increased consumption of the leagues’ products.
“The four major sports leagues will earn a collective $4.2 billion from widely available legal sports betting, further proving that working together with the gaming industry will pay dividends for all sports stakeholders,” said Sara Slane, senior vice president of public affairs for the American Gaming Association. “Legal sports betting will also create substantial opportunities for state and local economies, generating tax revenue, jobs and supporting small businesses across the country.”
AGA recently released revenue projections for the NFL and NHL, showing that those leagues and teams stand to gain $2.3 billion and $216 million, respectively, from widely available, legal, regulated sports betting.
Today’s research shows that legal sports betting could help generate additional revenues of $160 million for the NBA and $154 million for MLB as a result of spending by betting operators and data providers. The study projects that gaming operators may spend $64 million on MLB advertising and $57 million on the NBA – which may directly increase the leagues’ rights fees by the same amount. Sponsorship revenues from gaming operators would provide an additional $78 million for the NBA and $62 million for MLB. The NBA and MLB are also projected to earn $25 million and $28 million from data rights, respectively.
To quantify the value of a legal sports betting market to the NBA and MLB, Nielsen Sports surveyed more than 1,000 adult sports fans – including NBA and MLB fans – and self-identified sports bettors nationwide to model how a national, legal sports betting market would affect the sports consumption habits of non-bettors, casual bettors and avid bettors, and how this change in consumption would translate to increased revenue.
About the research: On behalf of the American Gaming Association, Nielsen Sports conducted a custom survey of 1,032 U.S. 18+ adults, representative of census age, gender, geography and ethnicity, from May 15 through May 31, 2018. Nielsen is an independent measurement organization. Nielsen does not guarantee any results or performance, or endorse, rank, approve or recommend any products or services. All names and marks are the property of their respective owners and no sponsorship, affiliation or endorsement in expressed or implied.
About AGA: The American Gaming Association is the premier national trade group representing the $261 billion U.S. casino industry, which supports 1.8 million jobs nationwide. AGA members include commercial and tribal casino operators, gaming suppliers and other entities affiliated with the gaming industry. It is the mission of the AGA to achieve sound policies and regulations consistent with casino gaming’s modern appeal and vast economic contributions.
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WASHINGTON – The National Football League’s (NFL) annual revenue may increase by $2.3 billion a year due to widely available, legal, regulated sports betting, according to a new Nielsen Sports study commissioned by the American Gaming Association (AGA).
The study analyzes the revenue streams that legal sports betting could generate for the NFL: revenue as a result of spending from betting operators on advertising, data and sponsorship, and revenue generated as a result of increased consumption of the league’s media and purchasing of products.
According to Nielsen Sports, greater fan engagement and viewership could boost the NFL’s total annual revenue from media rights, sponsorships, merchandise and ticket sales by 13.4 percent, producing $1.75 billion in new revenue from increased consumption of the league’s products.
Legal sports betting could help the NFL generate an additional $573 million in revenue as a result of spending by betting operators and data providers. The study projects that gaming operators may spend $451 million on advertising, which will directly increase the league’s rights fees by the same amount. An additional $92 million in sponsorship revenue and $30 million in data is also projected for the league and its teams.
“Legal, regulated sports betting will create huge new revenue opportunities for sports leagues – and the NFL could be the biggest winner of all,” said Sara Slane, senior vice president of public affairs for the American Gaming Association. “Once legal sports betting expands across the country, the NFL could take in more than $2 billion a year, reinforcing how much sports leagues stand to gain from increased viewership and private partnerships with sports betting operators.”
To quantify the value of a legal sports betting market to the NFL, Nielsen Sports surveyed more than 1,000 adult sports fans – including NFL fans – and self-identified sports bettors nationwide to model how a national, legal sports betting market would affect the sports consumption habits of non-bettors, casual bettors and avid bettors, and how this change in consumption would translate to increased revenue.
About the research: On behalf of the American Gaming Association, Nielsen Sports conducted a custom survey of 1,032 U.S. 18+ adults, representative of census age, gender, geography and ethnicity, from May 15 through May 31, 2018. Nielsen is an independent measurement organization. Nielsen does not guarantee any results or performance, or endorse, rank, approve or recommend any products or services. All names and marks are the property of their respective owners and no sponsorship, affiliation or endorsement in expressed or implied.
About AGA: The American Gaming Association is the premier national trade group representing the $261 billion U.S. casino industry, which supports 1.8 million jobs nationwide. AGA members include commercial and tribal casino operators, gaming suppliers and other entities affiliated with the gaming industry. It is the mission of the AGA to achieve sound policies and regulations consistent with casino gaming’s modern appeal and vast economic contributions.
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Boston, MA & Washington, D.C. – VSiN, The Sports Betting Network (“VSiN”), will become the latest broadcaster to join the American Gaming Association’s (AGA) Have A Game Plan.® Bet Responsibly.™ public service campaign.
“As the first sports media company dedicated to providing sports betting news and analysis, we believe that consumer education is core to VSiN’s strategy. We hope that partnering with AGA’s Have A Game Plan campaign will further this commitment with dedicated responsible gaming messages,” said VSiN’s General Manager Len Mead.
VSiN will activate the campaign through on-air public service announcements on digital channels, regional sports networks, and national and local radio. This activation complements VSiN owner DraftKings’ commitment to the campaign; in June 2021, the AGA and DraftKings announced a collaboration that marked the first time in the industry that the campaign would be comprehensively rolled out across a national retail sportsbook footprint.
“VSiN pioneered sports betting media and is a go-to source for new and experienced sports bettors alike,” said AGA’s Vice President Strategic Communications and Responsibility Cait DeBaun. “Meeting consumers where they are is critical to consumer education and we’re excited for Have A Game Plan to reach VSiN’s highly engaged audience.”
Launched in 2019, AGA’s Have A Game Plan campaign unites the sports betting ecosystem around a common consumer education platform, focusing on the four principles of responsible wagering:
- Set a budget and stick to it.
- Keep it social—sports betting is a form of entertainment for adults.
- Know the odds.
- Play with legal, regulated operators.
VSiN will join Have A Game Plan’s growing list of media partners, as well as partners across the sports and gaming landscape, including Barstool Sportsbook, BetMGM, betPARX, DraftKings (which acquired VSiN in March 2021), Delaware North, Entain, FanDuel, Gaming Society, Global Payments, Major League Baseball, MGM Resorts International, MSG Network, Monumental Sports and Entertainment, NASCAR, NESN, New York Knicks, New York Jets, New York Rangers, NHL, Nuvei, Parx Casino, PENN Entertainment, PGA TOUR, Rush Street Interactive, SeventySix Capital, Sightline Payments, Sinclair Broadcast Group, UFC, USFL, Vegas Golden Knights and Washington Commanders.
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About VSiN
VSiN, The Sports Betting Network, is the first sports media company dedicated to providing news, analysis and proprietary data to the millions of Americans who wager on sports and make sports betting a multibillion-dollar industry. Fueled by award-winning broadcasters and legendary oddsmakers, the network informs and entertains consumers with the latest sports betting news and industry trends on multiple platforms. Fans can access VSiN content on YouTube TV, Rogers’ Sportsnet, NESN, MASN, Spectrum Sportsnet LA, Marquee Sports Network, AT&T Pittsburgh, iHeartRadio, TuneIn, terrestrial radio stations throughout the U.S., VSiN.com, VSiN.com/Podcasts and the VSiN app.
VSiN has newsroom studios in the sports books at the South Point Hotel, Casino and Spa and Circa Resort and Casino in Las Vegas, as well as satellite studios in leading gaming properties across the country. VSiN is a subsidiary of DraftKings Inc. (DKNG).
About the AGA
As the national trade group representing the U.S. casino industry, the American Gaming Association (AGA) fosters a policy and business environment where legal, regulated gaming thrives. The AGA’s diverse membership of commercial and tribal casino operators, sports betting and iGaming companies, gaming suppliers, and more lead the $261 billion industry and support 1.8 million jobs across the country.
DraftKings’ Forward-Looking Statements
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WASHINGTON – New American Gaming Association (AGA) research shows consumers are moving their business away from illegal bookies and toward legal options. Average spending with illegal bookies fell 25 percent in legal sports betting states last year, while legal online and mobile betting spend increased 12 percent. Illegal offshore operators also saw a three percent increase in states with legal sports betting.
The most influential factors for bettors who had shifted from the illegal to legal market are confidence that bets will be paid out (25%), awareness of legal options (20%), and a desire to use a regulated book (19%).
“We’ve known for a long time that Americans like to bet on sports. This research affirms their interest in moving toward the protections of the legal market,” said AGA President and CEO Bill Miller. “Giving consumers convenient alternatives to the illegal market, like regulated mobile offerings and competitive odds, is key for getting bettors to switch to legal channels.”
Bettors overwhelmingly prefer legal operators, with 74 percent saying it is important to only bet through legal providers. Despite this, 52 percent of sports bettors participated in the illegal market in 2019. The study found that illegal sports betting is driven largely by confusion about online operators. More than half (55%) of consumers who placed most of their wagers with illegal operators believed they bet legally.
“Illegal, offshore operators continue to take advantage of unknowing consumers,” continued Miller. “This only worsened during the sports shutdown, with unregulated bookmakers offering odds on everything from the weather and shark migration patterns to whether your friends’ marriage will survive the pandemic. The AGA is focused on educating customers on how to wager legally and the dangers of the illegal market, especially with the return of the MLB and NBA this month.”
To help educate bettors, the AGA’s interactive sports betting map includes a comprehensive directory of licensed online and retail sportsbooks in states where sports betting is legal. In addition, the AGA is actively collaborating with federal and state law enforcement to enhance our collective understanding of the illegal marketplace; engaging publishers and media to ensure their platforms do not promote the illegal marketplace; and educating the public about the dangers associated with illegal sports betting operators.
As states continue to consider legalizing sports betting, AGA’s newly updated sports betting principles encourage policymakers to build regulatory frameworks that protect customers, ensure robust oversight, create a competitive environment, and promote customer convenience.
Background
- Eighteen states plus the District of Columbia now offer legal, regulated sports betting, with four more states poised to open legal markets in the coming months.
- Before the COVID-19 shutdown, 2020 looked set to become another record-breaking year with $3.5 billion legally wagered in January and February, up from $1.9 billion the same time last year.
- Legal sports betting is available to 22.4 million more American adults than before the COVID-19 pandemic, as Illinois, Michigan, Montana, Colorado, and Washington, D.C. have all gone live since mid-March.
- Americans have legally wagered more than $22 billion on sports nationwide since the Supreme Court overturned PASPA, generating upwards of $198 million in tax revenue to state and local governments.
- In March 2019, the AGA released a first-of-its-kind study on the sports betting consumer.
- The AGA’s Have A Game Plan™, Bet Responsibly public service campaign encourages responsible sports betting behavior, including using licensed, regulated operators.
Methodology
Heart + Mind Strategies conducted this survey on behalf of the AGA between December 2019 and January 2020. The survey includes 3,451 interviews among American adults over 21-years-old of various subgroups.