High Stakes and Random Rewards: A Critical Look at Loot Boxes and Illegal Gambling

Authors

• Brian T. Wersan

Abstract

Since their inception in the mid-2000s, loot boxes have been legal and virtually unregulated in the United States. Ever-growing mountains of evidence demonstrate the harms of loot boxes, but their structure has not yet been found to be in violation of any current U.S. gambling law, leading to a complete lack of recovery for victims. Certainly, if people experience harm, a legal avenue providing justice must exist. While other avenues are referenced, this Note ultimately argues that loot boxes can be interpreted by courts to satisfy the elements of, and thus, violate multiple state gambling laws, revealing a path to recovery for victims.

Recommended Citation

Wersan, Brian T. (2026) "High Stakes and Random Rewards: A Critical Look at Loot Boxes and Illegal Gambling," Touro Law Review: Vol. 41: No. 1, Article 39.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol41/iss1/39