New Jersey has taken a significant step in responsible gambling by officially establishing data-driven requirements for online operators. This week, Attorney General Jennifer Davenport and the Division of Gaming Enforcement (DGE) revealed that the state has codified mandatory regulations aimed at enhancing consumer safety in the gambling sector.
During a news conference on Tuesday, Davenport emphasized that these regulations obligate operators to monitor customers for specific criteria signaling problematic gaming behaviors. "We’re making the consumer safety net even stronger," she stated.
As part of the regulations, each operator is required to designate a responsible gambling lead and utilize designated play thresholds alongside behavioral triggers to identify at-risk patrons. Operators must conduct account reviews when a player meets these criteria. If indications of problem gambling are found, the operator is responsible for adding the player to an at-risk list and executing a structured intervention process.
"Our regulations identify and respond to gambling-related harm," said DGE Interim Director Mary Jo Flaherty. She stressed the importance of timely operator intervention tailored to the individual needs of players.
The DGE initiated its data-driven Responsible Gaming Initiative earlier this year, urging online operators to scrutinize player data for potential warning signs. Key indicators include a gradual increase in gambling time, repeated self-imposed breaks, low wagering amounts, and significant rapid deposits. Jamie McKelvey, the DGE's Responsible Gaming Coordinator, clarified that while these behaviors indicate concern, they do not automatically indicate a gambling issue; operators must perform a thorough review.
The new program outlines a phased intervention model, comprising three levels: automated outreach, a mandatory video tutorial prior to continued play, and direct interaction with the operator’s responsible gaming team. Should a bettor be deemed at risk following these interactions, their account may be closed according to McKelvey.
Previously, operators were following good practices, but the state aims to implement a uniform standard for when to trigger reviews and interventions. Stakeholders express a strong commitment to protecting New Jersey players from the risks associated with gambling.
Davenport remarked on the need for industry accountability, especially in light of reports that some operators were aggressively marketing to individuals exhibiting signs of gambling disorders. “We have a responsibility to keep the gaming industry accountable and ensure that help is available to those who need it," she said.
Governor Mikie Sherrill highlighted New Jersey's leadership in forging data-driven strategies for internet gaming and online sports wagering, emphasizing ongoing efforts to create a safer online environment and providing support for those in need.
The state has also introduced a partnership with RecoverMe, a cognitive behavioral therapy app available for free to New Jersey residents using the code NJ100. This app includes various tools designed for gambling support, such as cognitive behavioral therapy resources, validated assessments, gambling tracking, and local crisis services. RecoverMe joins the DGE’s other free service, GamFin, which offers confidential financial counseling to gamblers and their families.
In a related development, New Jersey's announcement aligns with its ongoing U.S. Supreme Court case against Kalshi, a prediction market platform. The state argues that its newly established mandatory rules further illustrate the necessity for all gambling platforms to comply with state regulations. Davenport commented on the urgency of regulation, citing the proliferation of gambling advertisements and the expectation for New Jersey players to be protected by the state’s stringent gambling laws.
New Jersey formally approached the Supreme Court regarding the Kalshi case on September 2, following a Third Circuit Court ruling favoring Kalshi. The petition has garnered considerable support, with eleven states—alongside the NFL and the American Gaming Association—submitting amicus briefs. Kalshi's response to the court is due by November 9.
