US-based poker enthusiasts have been often led to believe that playing online poker is completely illegal with the exception of states that have already regulated internet gambling, but this isn’t true. The Federal Wire Act of 1961 is frequently cited as the federal regulation that prohibits international and interstate betting with the use of an internet connection, but in 2011 the Justice Department made it clear that this law applies exclusively to sports betting. This announcement was later confirmed by the Fifth Circuit Court of Appeals, which means that there are no federal regulations that would prevent you from playing on a real money poker site right now.
Legal Real Money Android/iOS Poker in the United States
The confusion surrounding the legality of mobile poker in the United States can be largely attributed to the Unlawful Internet Gambling Enforcement Act passed by the US Congress in 2006, which made it next to impossible for most major poker networks to continue offering their services to US-based customers. The UIGEA prohibits financial institution from processing online gambling-related payments, which was the reason many of those sites left the US market. Nevertheless, the UIGEA doesn’t prevent US-based players from joining those poker rooms. In fact, from a player perspective, the only inconvenience caused by the current legal situation is the limited availability of popular deposit and withdrawal options, including e-wallet transfers. However, many offshore poker sites have found a way to offer safe and reliable banking to US-based customers and have in fact noted a steady increase in traffic over the past few years.
Legal United States Online Poker Frequently Asked Questions
The goal of the following section is to answer some of the most frequently asked questions concerning playing real money online poker in the United States at sites like BetOnline Mobile Poker. Nevertheless, you should keep in mind that most of the information provided here applies to playing on offshore sites and federal law. While most states don’t have any regulations pertaining specifically to online gambling and haven’t prosecuted any players based on pre-existing, land-based casino-related laws, you should definitely consider checking your local legal situation before transferring any money to or from an offshore poker site.
- Is Online Poker Legal in the US?
Playing real money online poker is perfectly legal under the federal law. Online poker isn’t covered by any of the regulations pertaining to online sports betting, which is currently illegal. The only reason for the limited availability of some online poker sites is the Unlawful Internet Gambling Enforcement Act of 2006, which makes it very hard for those sites to offer some of the most popular banking options to US-based customers. - Is It Legal To Deposit to Online Poker Sites?
While playing real money poker online is legal, it’s illegal for financial institutions such as banks or e-wallets to transfer money to online poker rooms. Fortunately, there are many ways to fund your poker account. The poker sites we’ve listed here accept American customers and guarantee the safety of any funds that you might opt to deposit or withdraw. - Can I Use Bitcoin To Play Poker In The USA?
Yes, Bitcoin poker is a great payment alternative for funding your gaming account for the following reasons.- Bitcoin is a virtual peer-to-peer payment system rather than a financial institution so it does not fall under any current US anti-gambling regulations.
- Bitcoin transaction fees are virtually ZERO meaning you have more dollars to play with. Why pay a 3% - 5% transaction free to a greedy credit card company when you don't have to.
- Bitcoin deposits and withdrawals are almost instantaneous allowing you to cash-out in hours rather than days.
- Bitcoin is a virtual peer-to-peer payment system rather than a financial institution so it does not fall under any current US anti-gambling regulations.
- Can I Make a Deposit to a US-Facing Poker Site?
Yes, it is possible for US-players to deposit to US-facing poker sites. However, Americans can’t rely on the same banking options as the poker enthusiasts from Europe or even Asia. The most popular and safest way of funding your poker account is to use a credit card like Visa or MasterCard – the money is pretty much guaranteed to go through as long as your card has been cleared for international transactions. Another popular method is to send your money via a Western Union or MoneyGram money order. Unfortunately, e-wallet companies like PayPal have opted out of the US online gambling market due to the Unlawful Internet Gambling Enforcement Act of 2006. - Will I Face Any Legal Problems?
As mentioned above, playing at a US-facing offshore poker room is not going to get you in trouble. Attempting to make a deposit or cash out using one of the banned banking methods is also perfectly legal – you’ll simply waste time, as your transaction will be blocked. The authorities will not arrest you and you won’t be charged with a felony or a misdemeanor. Many states have additional gambling-related regulations, but none of them have prosecuted poker enthusiasts for playing at an offshore site so far. - Are US-Facing iPhone/Android Poker Sites Safe?
Most of the popular US-facing Android poker rooms are 100% safe, as they simply can’t afford risking their reputation and losing traffic by engaging in any dubious business practices. However, as is often the case with online gambling, the web is littered with scam sites that prey on inexperienced players who don’t know who the trustworthy operators are. Consequently, if you are new to online poker, I’d recommend sticking to the sites that have been reviewed and screened by our experts. - Will I Have to Pay any Tax on my Winnings?
Online poker winnings are taxable – even if your state doesn’t have a regulated online poker market, the lack of local gambling laws is not going to have any impact on your tax calculations. - Which States Have Regulated Real Money Poker?
As of today, the states that have already regulated real money intrastate online poker include Delaware, Nevada and New Jersey. The sites that operate within the borders of those states are all licensed, but have to work with extremely limited player pools, especially by offshore poker room standards.
While most of the states that have regulated online poker have experienced a significant increase when it comes to online gambling tax revenues, there’s no denying the fact that the popularity of offshore poker sites hasn’t dropped over the past few months. Consequently, while it is quite likely that states like Pennsylvania or California are going to be the next to start licensing intrastate poker sites, the traffic on offshore sites is expected to grow until federal-level regulations allow Americans playing on US-based networks to join the global player pool.
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