Poker Player Rights and Legal Protections
There are codes in poker, codes related to ethics and honesty with respect to everything from money exchanges to physical play. But as is the nature of people in all walks of life, there are those who violate those codes. That prompts the need for regulations and protections wherever and whenever possible.
Live poker is often easier to regulate than online poker. In most cases, casinos and poker rooms must enforce laws and regulations in order to stay in business. Their livelihoods are on the line and depend on providing safe and law-abiding places to play.
Online poker, however, is only as good as the operator itself and the regulations to which it must adhere. This is where things get tricky, as the difference between offshore poker sites and state-regulated ones is notable and deserves more explanation.
Understanding Player Rights
Technically, poker players do not have specific, inalienable rights. There is no player organization that sets standards for poker rooms and ensures that players are protected.
The closest thing to a global rights organization is the Tournament Directors Association (TDA), which gathers tournament directors from around the world to devise, update, and enforce a basic set of rules for poker tournaments. However, there is no ability to enforce these rules or require any poker room to join. There are no membership fees, and there is no specific mandate given to the TDA.
That is not what a poker player wants to hear. There are no rules that govern the poker industry as a whole or ensure fair play.
The good news is that most live poker rooms operate under state licensing, under a state government or gambling commission that requires rule compliance to keep their licenses and permits. This is all backed up by the state’s law enforcement agencies.
Online poker platforms that operate in some parts of the United States fall under the same guidelines. They hold licenses and permits issued by the state government and/or gaming commission. This ensures that the site operators comply with all rules and regulations to keep their good standing with the state. And law enforcement agencies enforce those laws.
The bad news is that online poker sites based outside of the United States have no such requirements. They operate in a very gray space, one that is built on trust and reputation alone.
Protection Against Fraud and Cheating
In live and licensed poker rooms, there are clear rules against cheating. The poker room management team and/or tournament director are in charge of monitoring player actions and behaviors. They have “eye in the sky” cameras, as in every casino, that watch every dealer and player at the tables. Even something nefarious happens, the camera footage is available to back up or refute allegations.
Said rules are approved by casino or cardroom management and ownership. And if the property is owned by a larger corporation, such as Caesars or MGM, the ultimate approval for rules comes from the top. And the state’s gambling regulator must approve the rules as well.
Poker rooms handle rule violations and cheating as the nature of the actions dictate. If the rule violation is something minor or unintentional, the player may receive a warning or a one-hand or one-round penalty. However, more egregious actions can result in a player being banned from a poker room, casino, or entire network of establishments. And in the worst cases, players can be handled by law enforcement and the court system.
Online fraud and cheating are more difficult to monitor but doable. Sites licensed and registered in American states have rules, for which violations have consequences on the site, operator, and state gaming levels. There are many tools in place to monitor online play and detect cheating patterns, which can then be further examined to detect unethical or illegal behavior.
Offshore poker sites often have similar rules and cheating detection tools, but there is often no gambling commission to oversee those operations. Some offshore regulators, like the Malta Gaming Authority and others, do perform audits and can enforce rules on licensed sites, but this is only if the operators are in good standing and licensed, and if they report infractions. Most keep the enforcement of rules within the confines of the operator’s own network.
The only recourse here is for players to hold poker sites and companies accountable. Players on poker forums and social media often report suspected cheating or rule violations, and public support or a growing groundswell of voices often prompts action by the poker site. Sometimes, however, the site can ignore the chatter and continue operating as usual.
Right to Fair Gameplay and Transparency
The same oversight applies to fair gameplay and transparency in most live poker settings as noted in the previous section regarding fraud and cheating. There are rules, and there are multiple levels of enforcement available to ensure fair gameplay.
It should be said, however, that transparency is conditional. Publicly-traded companies that own poker rooms usually have a fiduciary duty to be transparent with every rule and dollar. State-regulated online sites, however, need not report revenue to the general public if they so choose. For example, the only regulated poker site in Nevada – WSOP/Caesars – does not release its financials to the public. They are only compelled to do so if there are three or more companies operating in that realm.
As for offshore poker sites, regulators can monitor fair gameplay but typically are not equipped to closely monitor every site. And the offshore sites have no requirement whatsoever to release information to the public.
As with cheating and fraud, players often hold the feet of offshore operators to the fire for fair gameplay and transparency on their own. Contacting a global gambling regulator may initiate an investigation, but there is no requirement to inform the public of findings.
Right to Financial and Security Protections
Poker player rights in all categories follow the same pattern, whether it is in regard to financial protections and player disputes or privacy and data protection.
Live poker environments are accountable to management, ownership, gambling regulators and sometimes even shareholders. This applies to state-regulated and licensed poker sites as well. Players have many levels of recourse if they suspect or can prove wrongdoings or crimes.
Online poker sites based outside of the United States have no such obligations to enforce rules. The player pools hold the sites accountable collectively, which encourages sites to encrypt their data, prevent hackers from obtaining data, secure funds, and put gameplay fairness modules into effect to create a safe and fair gaming environment.
Player Advocacy and Community Support
Unfortunately, there are no poker player advocacy organizations.
For many years, during the poker boom and on toward Black Friday, the Poker Players Alliance (also eventually known as the Poker Alliance) advocated for poker players in legal and legislative settings. The PPA testified in court cases and at legislative hearings as to the fairness of poker – live and online – and consumer protections that were enforceable in regulated environments.
The nonprofit PPA was founded in 2005 but unable to continue its work after 2018. Membership declined, as players took issue with some of the PPA’s legal efforts in states like California. When the funding disappeared, the PPA lost its most effective voices, and it disbanded in 2018. Poker Central – now PokerGO – bought the PPA, mostly for its data on more than one million poker players, and the organization failed to do anything further.
There are no players’ rights organizations in the poker world. Players simply depend on poker forums and social media to garner support for issues and/or hold poker rooms and sites accountable.
The only organization that advocates for online poker legislation in states across America is iDEA Growth. It is primarily a lobbying group that encourages states to legalize igaming in general, providing data and testimony to show the benefits of legalization versus prohibition. Online poker, however, is often a side note. It is lumped in with online gambling, together with casino games, and doesn’t receive the attention as a skill game that the PPA once offered.
Live Poker Rules Versus Online Poker Support
One might assume that technological advancements would dictate an incredible level of safety available for online poker players. That, however, is not the case for online poker operators based outside of the United States, as they are often licensed by broad global regulators or not licensed at all.
Live poker is vastly safer than online poker, as poker rooms report to casinos and larger establishments, which report to owners and larger corporations, all of which report to state gambling regulators. There may be red tape involved in bringing issues to the attention of a regulator, but the protections for players are there, and they are enforceable.
Online poker that is regulated on the state level operates in a similar way, with oversight and enforceable rules.
However, the absence of state-licensed online poker in most parts of the United States leads millions of players to offshore poker sites. They know the risks but play on the sites without many alternatives. Until the US market more broadly legalizes online poker, the games will run on sites that are policed largely by its players.
