Attorney General Jennifer Davenport and the Division of Gaming Enforcement (DGE) announced sweeping data-driven responsible gaming requirements for gambling operators, which now have been codified into state regulations with the force of law. New Jersey is the first state to make these measures mandatory.
“New Jersey continues to lead the way in developing data driven best practices for Internet gaming and online sports wagering, said Governor Mikie Sherrill. “We continue to work to make the online world safer and to focus on safeguards that protect people’s wellbeing and help connect those who are struggling with the support they need.”
“We are proud to enact regulations that require operators to offer resources, including live support if appropriate, to those struggling with problem gambling,” said Attorney General Davenport. “We have a responsibility to keep the gaming industry accountable and ensure that help is available to those who need it.”
“These initiatives reflect DGE’s commitment to responsible gaming through practical, proven methods,” said DGE Interim Director Flaherty. “Our 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.”
Responsible Gaming Regulations. The new responsible gaming regulations require every operator to appoint a responsible gaming lead who is in charge of those efforts. Operators must employ a set of mandatory patron play thresholds and behavioral triggers to help identify patrons who may need support. Where patrons meet those criteria, operators must engage in a due diligence review to determine whether the patron is exhibiting signs of potential problem gaming. If so, the operator must add the person to the operator’s list of at-risk patrons and apply three phases of interventions based on the operator’s assessment.
All operators currently maintain responsible gaming staff and abide by similar standards under previously established responsible gaming best practices. However, previously there was no uniform, regulatorily enforceable standard for when further review and phased intervention is required.
By establishing clear baseline criteria for identifying problem gambling behaviors and outlining the assistance operators must provide through three phases of intervention, New Jersey strengthens its safeguards for gambling patrons and expands responsible gaming awareness and required action across the industry. These measures are designed to ensure that patrons who need help are identified by operators and receive timely, consistent, and effective support.
New Jersey is aware of recent press reports that some operators are using aggressive marketing or promotion tactics to target gamblers who are exhibiting signs of a gambling disorder. No company is permitted to operate in New Jersey but flout its laws, and it is just one reason why the State codified the regulations that are now final. 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 State regulations to ensure it is protecting people from unscrupulous operators.
Kalshi Litigation. Reflecting its strong commitment to regulating gaming, including through its now-mandatory responsible gaming regulations, New Jersey is asking the U.S. Supreme Court to hear its case against the prediction market Kalshi, arguing that prediction markets must be subject to state gaming laws. A bipartisan coalition of 39 states and the District of Columbia, 146 Indian tribes and tribal organizations, the NFL, and leading industry organizations have filed amicus briefs in support of New Jersey’s request.
RecoverMe App. For individuals who are looking for support in managing their gaming activities, the State is committed to providing them with access to the resources they need for assistance and help. Attorney General Davenport and the DGE also announced the availability of RecoverMe, a cognitive behavioral therapy (CBT) app to help any New Jersey resident or patron looking for assistance to manage problems with gambling free of charge through an agreement with the operator of the app.
The RecoverMe app, which aids individuals in gauging their gambling behavior, uses validated assessment tools, provides flexible engagement in sessions based on evidence-based therapy, and offers tracking systems for their gambling habits. RecoverMe also contains additional New Jersey-specific services for individuals who are in crisis and need emergency support.
RecoverMe, which was developed by physicians, uses two of the most widely recognized and respected methods of therapy to treat addiction-related issues, CBT and mindfulness. RecoverMe, which is available to anyone located within New Jersey, addresses behavior by providing practical, self-guided tools to help patrons manage impulses and make healthy decisions. RecoverMe is the second free service DGE is offering to residents experiencing problems with gambling. Last year, DGE began offering access to GamFin, a free financial counseling service. GamFin’s practical approach connects patrons and their families with confidential financial counseling to rectify and prevent further gambling-related financial harm.
