What it does: Requires the regulator to define auditable “High-Risk Gambling Indicators” and requires operators to impose a mandatory hard stop (and marketing/bonus bans) when those indicators are met.
Sources
90 days minimum is a strong default for an enforced “stop serving” rule; it is
substantially shorter than many voluntary self-exclusion programs (often 1–5
years or lifetime).
Example (MA VSE).
90 days after a Hard Stop ends is a reasonable “no reactivation / no VIP”
buffer to reduce relapse marketing pressure.
$25,000-per-violation range, and
consider higher penalties for failures to impose a hard stop once indicators are met.
CASPR is available for legal and technical support adapting this bill to specific state contexts.
Download as Word .docxA BILL FOR AN ACT
RELATING TO MOBILE SPORTS WAGERING; ESTABLISHING A DUTY TO INTERVENE WHEN
PATRONS EXHIBIT QUANTIFIABLE INDICATORS OF PROBLEM GAMBLING; REQUIRING
OPERATORS TO MONITOR FOR HIGH-RISK INDICATORS AND TO SUSPEND SERVICE;
PROHIBITING MARKETING TO HIGH-RISK PATRONS; PROVIDING FOR ENFORCEMENT,
PENALTIES, AND RULEMAKING; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Sports Wagering Duty to Intervene Act".
SECTION 2. DEFINITIONS.
In this Act:
(1) "Commission" means the [STATE GAMING COMMISSION] or successor agency.
(2) "Operator" means a person licensed or otherwise authorized under [STATE LAW] to
conduct mobile sports wagering in this State.
(3) "Patron" means an individual who opens or maintains an account with an Operator
for mobile sports wagering.
(4) "High-Risk Gambling Indicators" means objective, quantifiable behavioral and
financial indicators established by the Commission by rule that, when met, indicate
a materially elevated risk of gambling-related harm, including financial distress.
(5) "High-Risk Patron" means a Patron who meets one or more High-Risk Gambling Indicators.
(6) "Hard Stop" means a mandatory suspension of a Patron's ability to place wagers and
make deposits with an Operator for a specified period, while permitting withdrawals.
SECTION 3. COMMISSION RULES: HIGH-RISK GAMBLING INDICATORS.
(a) Rulemaking required. The Commission shall, by rule, establish High-Risk Gambling
Indicators applicable to mobile sports wagering.
(b) Minimum content. High-Risk Gambling Indicators shall be:
(1) objective and measurable from Operator data and, where appropriate, payment data;
(2) designed to detect patterns such as rapid escalation in deposits or wager size,
repeated deposits after losses ("chasing"), repeated failed deposit attempts, and
other patterns the Commission determines are evidence-based predictors of harm; and
(3) auditable, with clear thresholds and time windows.
(c) Public transparency. The Commission shall publish the Indicators and update them
periodically based on evidence, enforcement experience, and stakeholder input.
SECTION 4. OPERATOR DUTY TO MONITOR AND INTERVENE.
(a) Monitoring program. Each Operator shall implement a monitoring program sufficient to
identify High-Risk Patrons using the High-Risk Gambling Indicators.
(b) Mandatory Hard Stop. When an Operator identifies a High-Risk Patron, the Operator shall:
(1) promptly impose a Hard Stop for not less than [90] days;
(2) block the Patron from placing wagers and making deposits during the Hard Stop;
(3) permit withdrawals of remaining funds, subject to anti-fraud and anti-money-laundering
controls; and
(4) display and deliver a notice that includes:
(A) that the Operator is required by law to pause wagering due to indicators of harm;
(B) the Hard Stop end date and steps for reinstatement;
(C) problem-gambling resources and the State problem-gambling helpline; and
(D) information about the Patron's right to request review for error.
(c) Prohibition on circumvention. An Operator shall not:
(1) route a High-Risk Patron to another brand, skin, or platform under common control; or
(2) recommend alternative wagering channels to avoid the Hard Stop.
SECTION 5. PROHIBITION ON MARKETING AND INDUCEMENTS TO HIGH-RISK PATRONS.
(a) Marketing prohibition. An Operator shall not send a High-Risk Patron marketing
communications that promote sports wagering during:
(1) any Hard Stop period; and
(2) the [90] days following the end of a Hard Stop (a "cool-down"), unless the Patron
affirmatively opts in after receiving a standardized warning disclosure prescribed by
the Commission by rule.
(b) Inducements prohibited. An Operator shall not offer any bonus, "free bet", deposit match,
enhanced odds, cashback, loyalty reward, referral reward, or similar inducement to a
High-Risk Patron at any time.
SECTION 6. RECORDKEEPING; REPORTING; AUDITS.
(a) Records. An Operator shall maintain records sufficient to demonstrate compliance with this
Act, including:
(1) the Indicators met;
(2) the time of identification;
(3) actions taken and their timing; and
(4) notices provided to the Patron.
(b) Reporting. The Commission shall require periodic reporting by Operators on:
(1) counts of High-Risk Patrons identified;
(2) hard stops imposed and durations; and
(3) enforcement actions taken by Operators.
(c) Audits. The Commission may audit Operators for compliance and may require independent
audits of monitoring systems.
SECTION 7. PRIVACY AND FAIRNESS REQUIREMENTS.
(a) Use limitation. Data used for High-Risk determination shall not be used for marketing,
credit decisions, or sale to third parties.
(b) Nondiscrimination. The Commission shall design and periodically review Indicators to
reduce unjustified disparate impacts. This subsection does not limit the Commission's
authority to focus protections on groups at higher statistical risk where supported by
evidence and lawful.
SECTION 8. ENFORCEMENT; PENALTIES; RULEMAKING.
(a) A violation of this Act or a rule adopted under this Act constitutes grounds for license
discipline.
(b) The Commission may impose a civil penalty of up to [$25,000] per violation. Each wager
accepted from a High-Risk Patron after the Operator has identified the Patron as high-risk
is a separate violation.
(c) The Commission shall adopt rules to implement this Act, including rules governing:
(1) standardized consumer notices and disclosures;
(2) review/appeal procedures for error correction; and
(3) minimum technical standards for monitoring systems.
SECTION 9. SEVERABILITY.
If any provision of this Act or its application is held invalid, the invalidity does not affect
other provisions or applications of this Act that can be given effect without the invalid
provision or application.
SECTION 10. EFFECTIVE DATE.
This Act takes effect on [DATE].