New Jersey makes responsible gaming triggers mandatory for online gambling operators, with account closure as the last step

What changed

The DGE launched its Responsible Gaming Initiative in January 2023 and asked online operators to analyse player data for warning signs. According to the state, operators already had responsible gaming staff, but there was no uniform standard that regulators could enforce on when a review must happen or what intervention must follow. The new rule sets that standard.

"These regulations require that operators monitor their customers for specific criteria, indicating problematic gaming," Davenport said at a news conference on October 20. DGE Interim Director Mary Jo Flaherty said that "when signs of problem gaming arise, operators must act to ensure early intervention and support, tiered to individual need."

The ten triggers

Under the adopted text, any of the following must lead to a due diligence review:

• Deposits of more than $10,000 in 24 hours.
• Deposits of more than $100,000 in 90 days.
• Opening the self-exclusion request page three or more times in 30 days without completing it.
• Asking for a second cool-off period within 45 days of the end of the first one. A cool-off period must last at least 72 hours and cannot be reversed once it starts.
• Raising any responsible gaming limit three times in a row within seven days without lowering one.
• Cancelling a withdrawal request three times in 10 days.
• Total turnover of more than $1,000,000 in 90 days.
• An increase of 50% or more in weekly time logged in compared with the previous two weeks.
• Ending two or more sessions in the same week with less than $1 left in the account.
• Ending two or more sessions in the same week with more wagers than in the previous session.

The rule says no single trigger is necessarily decisive. A trigger requires a review, and the operator decides whether the player is at risk based on all the information it has. If the operator decides a player who hit a trigger is not at risk, it must record why and keep that record for five years. Operators may also add their own triggers or use lower thresholds, and the DGE can change the list by rulemaking or by a Director's Order.

Three phases of intervention

• Phase 1: The operator emails the player at their verified address with information on time, loss and deposit limits, cool-off periods, self-exclusion, account closure and support services.
• Phase 2: The player must watch a DGE-approved video on responsible gaming, with sound and pictures, in full before placing another bet. The operator must keep a record that the video was watched.
• Phase 3: The responsible gaming lead or designated staff must contact the player live, by phone, video call or another live channel the DGE approves, and give the player contact details for a licensed counsellor. If three attempts at least 24 hours apart fail, the account is suspended until the conversation happens. If the player still meets the at-risk criteria after it, the account is closed and the player is referred to problem gambling services.

Players in Phase 2 or Phase 3 must not receive direct marketing, including promotions, event invitations and complimentary items. The state said it had seen media reports that some operators used aggressive marketing aimed at gamblers showing signs of a gambling disorder. Operators must keep intervention records for five years.

The rule also requires operators to collect players' gender identification data, with a "prefer not to say" option, for New Jersey's annual reports on problem gambling.

Free support tools and the Kalshi dispute

The DGE also signed an agreement that makes the RecoverMe app free for anyone in New Jersey. The app offers cognitive behavioural therapy and mindfulness tools, self-assessments, gambling tracking and New Jersey crisis contacts. It is the DGE's second free service after GamFin, a financial counselling service it started offering last year.

Davenport linked the rules to the state's legal fight with prediction market Kalshi, which New Jersey has asked the U.S. Supreme Court to hear after the Third Circuit ruled in Kalshi's favour. "When you wager in New Jersey, you should be protected by our strict gaming laws," she said. "That's why it's so problematic that Kalshi claims to offer legal sports betting in all 50 states, but refuses to follow state gaming laws." AskSpinner has covered how other states are going after prediction market makers and suppliers.

Other regulators are also building player protection on top of data and account controls. Illinois has proposed bringing its video gaming terminals under self-exclusion, and Germany and Spain use cross-platform deposit limits.

What to watch

• Whether the DGE adds or changes triggers by Director's Order.
• The first enforcement actions under the new rule.
• Kalshi's response to New Jersey's Supreme Court petition.