Is New York's New Jackpocket Powerball Lottery App Legal?

A new lottery app that allows New Yorkers to play Powerball and other lottery games directly from their smartphones is being investigated for its legality. The app's creators insist the process, which involves real humans purchasing the tickets for users and then emailing screen shots, doesn't violate any laws.

The app, known as Jackpocket, was recently introduced on Android's OS and just released for iOS this week. Already, 10,000 users have registered on the app, which is free, and its creators say users have already collected over $50,000 in winnings.

Users can buy tickets on the app for several New York Lottery games, including Mega Millions, Lotto and the multi-state Powerball game. Those who sign up receive their first ticket for free. Actual humans act as a type of courier, purchasing the tickets at affiliated bodegas that split their six percent sales commission with Jackpocket and offer the service's employees priority at the register in exchange for the volume of business.

Screen shots of the tickets are then taken and sent to the purchasers. If a purchaser wins up to $600, the money is automatically credited to their registered account. Winners of bigger prizes must present their physical tickets to the New York Lottery offices in order to claim their prize. This is the same procedure that applies to tickets purchased directly by consumers the old fashioned way —smaller prizes can be collected by winners at any official New York Lottery ticket sales location.

The app currently sells over 5,000 tickets on some days, and hopes to increase that to 50,000 within a month. However, New York lawmakers are now investigating the legality of the service. Assemblyman Gary Pretlow, chairman of the Racing and Wagering Committee, doesn't believe the app is legal.

"Anyone who sells tickets has to have a license through the Gaming Commission, "said Pretlow.

Pete Sullivan, founder of the Jackpocket app, disagrees.

"We have legal opinions that have found there is nothing illegal with being a digital courier for lottery tickets here in New York," he claims.

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