In a U.S. District Court on Monday, the Interactive Media Entertainment & Gaming Association (iMEGA) filed its response to the dismissal motion submitted by the U.S. Justice Department last Tuesday.
In a prepared statement, iMEGA said that in its response it provided "ample precendent for both [its] standing as a trade association acting on behalf of [its] members, and for the potential jeopardy of prosecution the new law puts some of [its] members in."
On June 5, iMEGA filed a complaint seeking a temporary restraining order against DOJ, the Federal Trade Commission (FTC) and the Federal Reserve Board of Governors (FRBG). If granted, the order would prevent the DOJ, FTC and FRBG from issuing regulations for the U.S. Unlawful Internet Gambling Enforcement Act (UIGEA).
On Aug. 21, DOJ filed a cross-motion to dismiss the case for lack of jurisdiction and because, it said, the complaint failed to state a claim on which relief may be granted.
Thus far, the defendants have argued that iMEGA does not possess requisite standing to bring its complaint against the UIGEA--meaning that iMEGA, according to the defense, does not have the right to file the complaint under the circumstances.
The defendants have also alleged that, given the current status of the UIGEA--that it is still without regulations--the law is "unripe" for this kind of challenge.
The DOJ has until Sept. 21 to respond to iMEGA's request for a temporary restraining order.
Click here to view a copy of iMEGA's response to DOJ's motion to dismiss.