iMEGA Responds, Contests US DoJ Dismissal Motion in UIEGA Challenge

From the iMEGA.org website:

Today, in accordance with the deadline set by Judge Mary L. Cooper, iMEGA’s legal team filed its brief with the US District Court in New Jersey (Trenton division), in response to a US Dept. of Justice motion to dismiss our complaint against the Unlawful Internet Gambling Enforcement Act (UIGEA).

The defendants’ (US DoJ, Federal Trade Commission and Federal Reserve) contend that iMEGA does not have requisite standing to bring our complaint versus UIGEA, and, given that the rules and regulations for the new law have not yet been created, that the law is “unripe” for this kind of challenge.

In the response brief, iMEGA’s attorneys provided ample precedent for both our standing as a trade association acting on the behalf of our members, and for the potential jeopardy of prosecution the new law puts some of our members in. They contend that it is not necessary to wait for one of our members to be prosecuted before the law may be scrutinized by the courts.

The brief also highlights the heretofore unexamined jeopardy that affiliate marketers who live and operate in the US may be in due to UIGEA.

Next up: the defendants have until Sept. 21 to respond to iMEGA’s request of the Court for a temporary restraining order, preventing UIGEA from being enforced before our complaint can be properly heard by Judge Cooper.