Mo. Code Regs. tit. 11 § 45-40.050

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 45-40.050 - Operational Requirements for Fantasy Sports Contest Operators

PURPOSE: This amendment adds the requirement for fantasy sports operators to describe the method used to determine the location of a player at time of entry into any fantasy sports contest to be consistent with SB 87, 100th General Assembly.

(1) Each licensed operator shall maintain on file with the commission the following:

(A) A current set of procedures for a registered player to report complaints to the licensed operator regarding whether his or her account has been misallocated, compromised, or otherwise mishandled, and a procedure for the licensed operator to respond to those complaints;

(B) A current detailed description of the security standards utilized to prevent access to fantasy sports contests (FSC) by a person whose location and age have not been verified in accordance with section 313.940, RSMo;

(C) A detailed description of measures used to determine the true identity, date of birth, and address of each player seeking to open an account;

(D) A detailed description of the measures taken and procedures implemented to clearly and conspicuously publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any FSC;

(E) A detailed description of the standards and procedures used to monitor FSC to detect the use of unauthorized scripts and restrict players found to have used such scripts from further FSC;

(F) A detailed description of its procedures and measures taken to clearly and conspicuously identify highly experienced players in FSC by a symbol attached to a player's username, or by other easily visible means, on the licensed operator's authorized internet website;

(G) A detailed description of its online self-exclusion process; and

(H) A detailed description of the method used to determine the geographical position of a player at the time of entry into any FSC.

(2) The information required by section (1) and all supplemental documents shall be submitted with the initial application and within fifteen (15) days of any subsequent revision.

(3) Each licensed operator shall take commercially and technologically reasonable measures to comply with the provisions of sections 313.915 and 313.920, RSMo, regarding the verification of each FSC player's true identity, date of birth, and address, including, but not limited to, independent verification of age using information obtained from independent sources outside of the player seeking to open an account. Third party services may be used to verify the age and location of a player. Each licensed operator shall use such information, at a minimum, to prevent underage individuals from establishing accounts, and to prevent players from establishing more than one (1) account or user-name or playing anonymously.

(4) Upon discovery of a registered account held by a minor, the FSCO shall promptly refund any money held in a minor's account, whether or not the minor has engaged in or attempted to engage in game play. A FSCO may refuse to award a prize to a minor upon a good-faith determination, following reasonable investigation, that the minor misrepresented his or her age in order to enter the FSC, provided, however, that such prize must then be awarded to another participant in the contest who would have won the prize had the minor not participated.

(5) Prior to conducting any individually targeted advertising or marketing, but not more than once a week, the licensed operator shall do the following:

(A) Download the current List of Disassociated Persons (DAP List) and the MGC Excluded Persons List from the designated MGC server;

(B) For email marketing campaigns, compare the email addresses from the marketing list to the DAP List and the MGC Excluded Persons List and remove anyone whose email address is found to be on either List (DAP or Excluded);

(C) For direct mail marketing campaigns to non-registered players, search and remove from the marketing list any person who has the same name and address of any person found to be on either List (DAP or Excluded); and

(D) For direct mail marketing campaigns to registered players, search and remove from the marketing list any player who has the same date of birth, first or last name, and address of an individual on either List (DAP or Excluded).

(6) If a licensed operator ceases offering fantasy sports contests in Missouri, the licensed operator shall notify the commission of the date of cessation. Notice shall be provided within ten (10) days of the cessation.

11 CSR 45-40.050

Adopted by Missouri Register February 15, 2017/Volume 42, Number 04, effective 3/31/2017

Amended by Missouri Register May 1, 2020/Volume 45, Number 9, effective 6/30/2020