New Jersey mandates data-driven responsible gaming rules for online operators

Online gambling companies in New Jersey now face responsible gaming rules that are compulsory and based on data, making the state the first in the US to do so. Attorney General Jennifer Davenport and the Division of Gaming Enforcement (DGE) made the announcement this week. Each operator has to name a responsible gaming lead who oversees these efforts. According to the state government, the regulations are now final.

A set of compulsory thresholds on customer play, together with behavioural triggers, must be used by operators to spot customers who might need help. When a customer meets those criteria, the operator has to conduct a due diligence review and judge whether signs of potential problem gaming are present. Should that be the case, the person is placed on the operator's at-risk list, and three phases of interventions are applied according to the operator's assessment.

Responsible gaming staff are already in place at every operator, and similar standards are followed under best practices established earlier, the DGE said. What was missing before, according to the regulator, was a single standard, enforceable by regulation, setting out when further review and phased intervention become necessary. The state government said the measures aim to make sure operators identify customers who need help and that those customers get support that is timely, consistent and effective.

Governor Mikie Sherrill said New Jersey continues to develop data-driven best practices for internet gaming and online sports wagering, and that the state is working to make the online world safer and to connect people who are struggling with support. Attorney General Davenport said the regulations require operators to offer resources, including live support where appropriate, to those struggling with problem gambling, and that the state has a responsibility to keep the gaming industry accountable.

According to the state government, it had seen recent press reports describing aggressive marketing or promotion tactics used by some operators to target gamblers showing signs of a gambling disorder. This was cited as one reason the state codified the regulations. The state added that it will adapt to new technologies and new issues as the industry evolves, and that it will keep considering ways to adjust and strengthen regulations so that people are protected from what it called “unscrupulous” operators.

DGE interim director Mary Jo Flaherty said the regulations identify and respond to gambling-related harm, and that operators must act when signs of problem gaming arise to ensure early intervention and support tiered to individual need.

Davenport and the DGE also announced that RecoverMe, a cognitive behavioural therapy app, is available free of charge to any New Jersey resident or customer seeking help to manage problems with gambling. The app uses validated assessment tools to help individuals gauge their gambling behaviour, offers flexible engagement in sessions based on evidence-based therapy, and provides tracking systems for gambling habits. It also contains additional New Jersey-specific services for people in crisis who need emergency support. RecoverMe is the second free service the DGE offers to residents experiencing problems with gambling, after the regulator began offering access to GamFin, a free financial counselling service.