New Jersey mandates player monitoring and intervention rules for online gambling

Online casinos and sportsbooks holding New Jersey Division of Gaming Enforcement (DGE) licences now face compulsory behavioural monitoring. Attorney General Jennifer Davenport unveiled the rules on Wednesday. According to the announcement, no other US state had previously mandated that operators carry out data-based checks and step in when patrons display problem gambling signals. A three-stage intervention system forms part of the package, which also broadens the monitoring duties operators already had.

Account reviews are triggered by several thresholds: deposits above $10,000 in a day or $100,000 across 90 days; turnover reaching at least $1 million in 90 days; or three visits to the state self-exclusion page in 30 days with no registration. Cancelling withdrawals three times in 10 days, seeking a second cooling-off period within 45 days, a 50% rise in login time versus the prior fortnight, or repeated weekly sessions that finish with under $1 left or with larger stakes also count. Anyone judged potentially at risk goes on a monitoring list.

Stage one consists of a message outlining responsible gambling options such as limits on deposits, losses and time, cooling-off periods, self-exclusion and closing an account. In stage two, the customer must view an educational video before being allowed to gamble again. Stage three brings direct contact by phone or video, and the operator has to supply contact details for a responsible gambling professional. Where a customer is a danger to themselves or others, referral to medical or law enforcement services is allowed. Three failed contact attempts can lead to suspension, while a confirmed gambling problem after the third intervention can result in closure.

Mary Jo Flaherty, Interim Director of the DGE, described the measures as a way to “ensure early intervention and support, tiered to individual need.” Operators that already employ responsible gambling staff and follow consumer protection procedures will now be held to standards that can be enforced. Davenport attributed part of the impetus for the rules to accounts of aggressive marketing aimed at customers who show signs of gambling disorders.

The Philadelphia Inquirer reported in July that a FanDuel VIP customer whose betting raised concerns was sent a personalised video featuring MLB player Bryce Harper. The customer later brought a lawsuit against FanDuel, claiming the company had exploited and encouraged his gambling addiction. Davenport cautioned operators against trying to “flout” state laws. She added: “As the industry evolves, the state will adapt to new technologies and new issues that emerge in the industry. New Jersey will continue to consider ways to adjust and strengthen regulations to ensure it is protecting people from unscrupulous operators.”

Separately this week, Flaherty took enforcement action against Penn Entertainment's theScore Bet operation, fining it $78,000 over unauthorised sports wagers or bet types. Penn Sports Interactive was also ordered to pay $306.48 in disgorgement.

Governor Mikie Sherrill supported the new requirements. "New Jersey continues to lead the way in developing data-driven best practices for internet gaming and online sports wagering," Sherrill said. "We continue to work to make the online world safer and to focus on safeguards that protect people's well-being and help connect those who are struggling with the support they need."

Luis Del Orbe, Executive Director of the Council on Compulsive Gambling of New Jersey, said easier access to help was a positive step. “The accessibility of gambling is so ridiculous,” he said, adding: “We are in favor of anyone who needs help getting it.” He also warned that pushing intervention too far might send customers to unregulated gambling platforms lacking similar protections.