From Video Gaming to Underage Gambling: Illinois' Options in Addressing the New Loot Box Monetization Model

Abstract

This Comment proposes that loot boxes should be regulated as gambling within the United States, particularly in Illinois. Part I provides a factual background and history on the practice of loot boxes. Part II sets forth the legal precedent of gambling in the United States overall and then in Illinois specifically. Part III covers the current case law that exists around loot box adjacent mechanics and summarizes the general court perspective on the matter. Part IV proposes that courts interpret the contents of loot boxes to be “things of value” within the meaning of most gambling statutes as a means of regulation on the practice. Part V explains why the regulation of loot boxes is necessary as children especially are susceptible of developing a gambling addiction via their use and also establishes some options for how Illinois could combat such predatory tactics.