Key points
- New Jersey announced on 20 October that mandatory responsible gaming rules for online gambling operators are now codified in state regulations.
- Operators must name a responsible gaming lead and review players who meet set triggers, such as deposits above $10,000 in 24 hours.
- Players assessed as at risk go through up to three phases of intervention, ending in live contact and, if the risk remains, account closure.
- Attorney General Jennifer Davenport called New Jersey the first state to make these measures mandatory.
New Jersey responsible gaming rules are now mandatory for online gambling operators. Attorney General Jennifer Davenport and the Division of Gaming Enforcement (DGE) announced on 20 October that the rules have the force of law. Operators must flag players through set triggers and apply up to three phases of intervention.
New Jersey responsible gaming rules: what operators must do
Every operator must appoint a responsible gaming lead, according to the Attorney General’s release. When a player meets a trigger, the operator must run a due diligence review. A player who shows signs of potential problem gaming goes on the operator’s list of at-risk patrons.
The DGE rule text lists the automatic triggers. Each one prompts a review, and no single trigger is necessarily determinative. The DGE can modify, rescind or add criteria.
| Trigger | Threshold in the rule text |
| Deposits, short term | More than $10,000 in 24 hours |
| Deposits, long term | More than $100,000 in 90 days |
| Account turnover | More than $1,000,000 in 90 days |
| Self-exclusion page | Opened without completing the process three or more times in 30 days |
| Cool-off period | Second request within 45 days of the first one ending |
| Responsible gaming limits | Three consecutive increases with no decrease within seven days |
| Withdrawals | Three cancelled requests in 10 days |
| Login time | Up 50% or more in the current week against the prior two weeks |
| Session endings | Two or more sessions in a week ending with less than $1.00 left |
| Wager size | Two or more sessions in a week with wagers higher than the previous session |
The rule also sets a minimum 72-hour cool-off period that cannot be reversed once started. Patrons cannot cancel a withdrawal request in the three days before disbursement, and operators may not ask them to do so.
Three phases of intervention
In Phase 1 the operator contacts the player by validated email with information on responsible gaming features and resources. In Phase 2 the player must watch a DGE-approved video tutorial in full before placing further wagers, and the operator keeps a record of the viewing.
Phase 3 is live contact, by phone, video or another approved method, from the responsible gaming lead or a designated person. The player receives contact details for a responsible gaming professional and for the lead. Referrals to emergency, mental health or law enforcement services are allowed where there is a risk of harm.
If the player cannot be reached, the operator makes three attempts at least 24 hours apart, then emails the player and suspends the account until live contact takes place. An account is closed if the player is still found at risk after Phase 3. Operators may skip to a later phase when warranted.
Players in Phase 2 or Phase 3 must not receive direct advertising, promotions, event invitations or complimentary items. A player can leave the at-risk list after 180 days without meeting any criteria, if the lead finds no potential problem gaming behaviour.
“We are proud to enact regulations that require operators to offer resources, including live support if appropriate, to those struggling with problem gambling.”
Jennifer Davenport, Attorney General of New Jersey
DGE Interim Director Mary Jo Flaherty said the regulations “identify and respond to gambling-related harm.”
“When signs of problem gaming arise, operators must act to ensure early intervention and support, tiered to individual need.”
Mary Jo Flaherty, Interim Director, Division of Gaming Enforcement
Marketing warning, Kalshi case and RecoverMe
The State said it is aware of press reports that some operators use aggressive marketing aimed at gamblers showing signs of a gambling disorder. The release said no company may operate in New Jersey while flouting its laws, and the State will keep considering adjustments to its regulations.
The announcement also covered New Jersey’s request that the U.S. Supreme Court hear its case against prediction market Kalshi. The State argues that prediction markets must be subject to state gaming laws. According to the release, a bipartisan coalition of 39 states and the District of Columbia, 146 Indian tribes and tribal organizations, the NFL and industry organizations have filed amicus briefs backing the request. Other states are also moving against unlicensed prediction market activity, as in Ohio’s licensee deadline.
The DGE also announced RecoverMe, a free cognitive behavioural therapy and mindfulness app for anyone in New Jersey, the second free service after the GamFin financial counselling service. More coverage: the New Jersey tag page and iGaming regulation.
