The New Jersey Assembly Tourism, Gaming, and the Arts Committee has unanimously passed a resolution aimed at preventing gaming operators from directing gambling advertisements to individuals who are showing signs of problem gambling or addiction.
The resolution, known as Assembly Resolution 150, was sponsored by Rep. William Moen and seeks not only to protect vulnerable gamblers but also to restrict the use of athletes and celebrities in gambling promotions. During the hearing, the committee members voted 7-0 in favor of advancing this legislation.
A significant driving force behind the resolution was the incident involving FanDuel and Philadelphia Phillies star Bryce Harper. The legislation makes several references to the situation in which Harper starred in a personalized video targeting a user with a history of online gambling problems. While it does not name Harper directly, it highlights the use of "a professional baseball player" in a marketing video.
This incident came to public attention in July, when a recording from the video-sharing platform Cameo in 2024 featured Harper addressing a former FanDuel VIP member and his son. It was later revealed through a lawsuit that this user had placed bets exceeding $18.5 million and incurred losses of over $1.5 million on FanDuel. Harper stated that he was unaware that his clip would be utilized as part of FanDuel's VIP marketing efforts to target someone with gambling challenges.
The resolution criticizes "predatory" marketing practices that exploit celebrities and suggests that gaming operators must follow responsible gaming guidelines. It emphasizes that operators should prioritize providing support for individuals suffering from gambling addiction or displaying signs of problem gambling.
It strongly discourages practices targeting known gambling addicts or at-risk gamblers with personalized marketing, especially using athletes or celebrities to encourage further gambling.
The New Jersey resolution also echoes concerns raised by federal legislators. On August 10, several members of Congress wrote to Major League Baseball (MLB) and the MLB Players Association (MLBPA), inquiring whether they would consider prohibiting player-sportsbook partnerships related to VIP programs. MLB currently permits players to enter into endorsement contracts with sportsbooks, provided those endorsements do not encourage betting on baseball. However, as noted by MLBPA General Counsel Jeffrey Perconte, there are no established rules prohibiting targeting known gambling addicts.
In his letter dated August 24, Perconte addressed the inquiry from Congress, stating that while the MLBPA supports players' rights to endorsement agreements, the union is open to negotiating restrictions on players' involvement in targeted marketing campaigns connected to VIP programs.
The New Jersey resolution urges MLB and MLBPA, along with all professional sports leagues, to refrain from engaging in targeted VIP marketing aimed at vulnerable individuals.
In a follow-up correspondence with FanDuel, federal lawmakers expressed their discontent with the company’s response to their initial inquiries. Senators Richard Blumenthal and Paul Tonko, along with Rep. Valerie Foushee, highlighted their dissatisfaction in a letter dated September 3, noting their concerns about the company's commitment to protecting bettors from gambling addiction and criticizing their failure to detail measures taken to oversee VIP programs.
New Jersey, a pioneer in regulated online gambling in the U.S., is increasingly proactive in enforcing marketing safeguards. Recently, Senator Andrew Zwicker proposed Senate Bill 3401, which would prevent online casinos and sportsbooks from sending mobile notifications or texts to individuals not actively engaging with the app. Although it has not progressed in the legislative process, Colorado became the first state to pass similar legislation on June 1.
Last year, the New Jersey Division of Gaming Enforcement introduced new regulations emphasizing responsible gambling. These include defining at-risk player categories, designating responsible gaming personnel within operators, and tracking various indicators that signify potential gambling issues, such as adjustments to deposit limits or requests for cooling-off periods.
