GA SC Holds That Premium Text Message Games Do Not Constitute Gambling
Posted by: Adam Solomon
May 01, 2008

The Georgia Supreme Court recently ruled that the SMS game conducted during the NBC broadcast of Deal or No Deal does not violate Georgia's gambling law. The suit filed in federal court had contended that the SMS Game in which viewers, like the participants on Deal or No Deal, try to pick a lucky suitcase ran afoul of Georgia law because participants were charged 99 cents to play through their cell phones regardless of the availability of a no-purchase alternate method of entry. The, the Court found that "neither defendants nor any participant is certain to lose, and the contract's consideration [the $.99 text messaging entry fee] never hangs in the balance." but rather is paid regardless of the outcome of the promotion. Given the absence of gambling consideration, the court found that the SMS fees were not part of a gambling contract.

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