N.J. Admin. Code § 13:69O-1.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:69O-1.3 - Internet or mobile gaming accounts

(a) Prior to engaging in Internet or mobile gaming, a patron shall establish an Internet or mobile gaming account. The Internet or mobile gaming system shall be required to display a message stating that those casino key employees and casino employees prohibited from wagering in any casino or simulcasting facility in the State shall not be permitted to establish an Internet or mobile account.

(b) In order to establish an Internet or mobile gaming account, a casino licensee shall:

1. Create an electronic patron file, which shall include, at a minimum, the:

i. Patron's verified legal name;

ii. Patron's verified date of birth;

iii. Verified entire or last four digits of the patron's Social Security number, if voluntarily provided, or equivalent for a foreign patron, such as a passport or taxpayer identification number;

iv. Patron's Internet and/or mobile account number;

v. Patron's verified residential address (a post office box is not acceptable);

vi. Patron's reported electronic mail address;

vii. Patron's reported telephone number;

viii. Any other information collected from the patron used to verify his or her identity;

ix. The method used to verify the patron's identity;

x. Date of verification; and

xi. For sports wagering only, the patron shall disclose if he or she is an employee of a sports governing body or member team who is not prohibited from wagering.

2. Use multi-source authentication as the primary method for verifying the accuracy of patron KYC data prior to the creation of an account. Casinos may manually verify the accuracy of data by examining credentials from the patron. Accounts created using manual procedures shall be recorded on a log maintained by the licensee's Internet Gaming Manager. The log shall contain the following information, at a minimum:

i. The date;

ii. The account number;

iii. The account holder's first and last name;

iv. A description of credentials examined; and

v. The name and title of the employee who created the account.

3. Verify the patron's identity in accordance with N.J.A.C. 13:69D-1.5A and, in addition, record the document number of the government-issued credential examined or other effective methodology approved by the licensee's AML Officer and Internet Gaming Manager and recorded in the licensee's internal controls. Such method shall include the use of remote multi-sourced authentication, which may include third-party and governmental databases, as approved by the Division. This methodology shall include verification of the data at (b)1 above, and either:

i. Verification of the patron's response to security questions within three attempts and five minutes;

ii. Verification that the patron's phone number is associated with a device used by the patron. This verification shall fail if the phone number or device has been associated with prior fraudulent activity, which shall be reported to the Division through the filing of a Fraud Form;

iii. Verification through the examination of credentials in a manner that ensures the credentials are not counterfeit; or

iv. Other method approved by the licensee's AML Officer and Internet Games Manager.

4. Require the patron to establish a password or other access security feature as approved by the Division and advise the patron of the ability to utilize "strong authentication" log in protection;

5. Verify that the patron is of the legal age of 21, not self-excluded, on the exclusion list, or otherwise prohibited from participation in gaming;

6. Record the patron's acceptance of the licensee's terms and conditions to participate in Internet or mobile gaming;

7. Record the patron's certification that the information provided to the operator by the individual who registered is accurate;

8. Record the patron's acknowledgement that the legal age for Internet or mobile gaming is 21 and that he or she is prohibited from allowing any other person to access or use his or her Internet or mobile gaming account;

9. Notify the patron of the establishment of the account through electronic mail or regular mail; and

10. Encrypt all of the following information contained in an electronic patron file:

i. The patron's Social Security number, or equivalent, for a foreign patron such as a passport or taxpayer identification number;

ii. The patron's passwords and/or PINs; and

iii. Credit card numbers, bank account numbers, or other personal financial information.

(c) A patron shall have only one Internet or mobile gaming account for each Internet gaming intermediary. Each Internet or mobile gaming account shall be:

1. Non-transferable;

2. Unique to the patron who establishes the account; and

3. Distinct from any other account number that the patron may have established with the casino licensee.

(d) A patron's Internet or mobile gaming account may be funded through the use of:

1. A patron's deposit account pursuant to 13:69D-1.24;

2. A patron's credit or debit card;

3. A patrons deposit of cash, gaming chips, or slot tokens at a cashiering location approved by the Division.

4. A patron's reloadable prepaid card, which has been verified as being issued to the patron and is non-transferable;

5. Cash complimentaries, promotional credits, or bonus credits;

6. Winnings;

7. Adjustments made by the licensee with documented notification to the patron;

8. ACH transfer;

9. A transaction at a sports wagering kiosk; or

10. Any other means approved by the Division.

(e) An internet or mobile gaming operator shall temporarily block a patron's account for investigation of fraud after five consecutive failed deposit attempts within a 10-minute time period. If there is no evidence of fraud, the block may be vacated.

1. The operator shall suspend the patron's account pursuant to N.J.A.C. 13:69O-1.4(j) after five additional consecutive failed deposit attempts within a 10-minute period.

(f) Prior to any withdrawal, if a patron used a credit or debit card to fund an Internet or mobile gaming account, any remaining balance in the account up to the amount of the deposit shall be refunded to the patron's credit or debit card account used to fund the Internet or mobile gaming account provided that a credit or debit card issuer permits the return of a withdrawal from an Internet or mobile gaming account funded by the credit or debit card of the issuer.

(g) Funds may be withdrawn from a patron's Internet or mobile gaming account for the following:

1. The funding of game play;

2. A cash-out, regardless of the deposit method used, at the cashier's cage, if requested by a known patron;

3. A cash-out transfer to a patron's deposit account established pursuant to 13:69D-1.24;

4. A cash-out transfer to a patron's reloadable prepaid cash card, which has been verified as being issued to the patron and is non-transferable;

5. Adjustments made by the licensee with documented notification to the patron;

6. A cash-out transfer directly to the patron's individual account with a bank or other financial institution (banking account) provided that the licensee verifies the validity of the account with the financial institution;

7. A cash withdrawal from a sports wagering kiosk up to $ 3,000;

8. Removal of dormant funds; or

9. Any other means approved by the Division.

(h) A casino licensee shall not permit a patron to transfer funds to another patron.

(i) All adjustments to patron accounts for amounts of $ 500.00 or under shall be periodically reviewed by supervisory personnel as set forth in the licensees internal controls. All other adjustments shall be authorized by supervisory personnel prior to being entered.

(j) Internet or mobile gaming systems shall provide an account statement with account details to a patron on demand, which shall include detailed account activity for at least the six months preceding 24 hours prior to the request. In addition, an Internet or mobile gaming system shall, upon request, be capable of providing a summary statement of all patron activity during the past year. Information to be provided on the summary statement shall include, at a minimum, the following:

1. Deposits to the Internet or mobile gaming account;

2. Withdrawals from the Internet or mobile gaming account;

3. Win or loss statistics;

4. Beginning and ending account balances; and

5. Self-imposed responsible gaming limit history, if applicable.

(k) A casino licensee or authorized internet gaming or online sports wagering operator shall maintain a bank account to ensure the security of funds held in patron Internet gaming accounts. Such account shall be held in a State or Federally chartered bank whose accounts are insured by the Federal Deposit Insurance Corporation or other depository institution approved by the Division. The bank or other depository institution shall be subject to the jurisdiction of the New Jersey Department of Banking and Insurance and shall, unless otherwise authorized by the Division upon a showing of extraordinary cause, have a physical presence in New Jersey. The balance maintained in this account shall be greater than or equal to the sum of the daily ending cashable balance of all patron Internet gaming accounts, funds on game, and pending withdrawals. A casino licensee shall have unfettered access to all patron Internet gaming account and transaction data to ensure the amount held in its independent account is sufficient. The casino licensee or authorized internet gaming or online sports wagering operator shall file a monthly schedule to the Division's Revenue Certification Unit to support sufficient funding for the patron accounts.

(l) Patron funds held in an Internet gaming account shall not be automatically transferred by a casino licensee nor shall a casino licensee be permitted to require a patron to transfer funds from his or her Internet gaming account in order to circumvent the requirements of (j) above.

(m) A casino licensee shall periodically reverify a patron's identification upon reasonable suspicion that the patron's identification has been compromised.

(n) An Internet gaming system shall provide a conspicuous and readily accessible method for a patron to close his or her account through the account management or similar page. Any balance remaining in a patron's Internet gaming account closed by a patron shall be refunded pursuant to the licensee's internal controls.

(o) An internet gaming operator shall provide notice to patrons 30 days prior to the scheduled removal of funds from dormant accounts with balances of $ 1.00 or more. No later than the fifth of each month, an internet gaming operator shall remove all cashable funds from dormant patron accounts for the prior month.

(p) For each patron who self-excludes, an internet gaming operator shall:

1. Void any pending wagers within three days of the notice of exclusion; and

2. Refund all cashable funds in the account within 90 days of the notice of exclusion. Patrons with account balances of less than $ 1.00 need not be refunded and shall not be noticed of the subsequent removal of such funds due to dormancy.

(q) Upon the request of an internet or mobile gaming or sports wagering operator, a casino or racetrack shall allow its cage to be used to process patron account deposits or withdrawals.

(r) Once an account has been created and KYC data has been verified, the licensee is prohibited from modifying the account holder's recorded Social Security number or date of birth without prior notice to the Division.

(s) It shall be prohibited for any operator to impose a wagering requirement or other limitation on a patron's ability to withdraw the patron's own funds. An operator may make a reasonable investigation of possible money laundering if a patron fails to wager the amount of the patron's initial deposit. However, once it is determined that money laundering has not occurred, the operator shall immediately process the withdrawal for the patron.

(t) Once a patron has requested a withdrawal, it shall be prohibited for an operator to offer the patron an incentive to reverse or cancel the withdrawal. A withdrawal request may be reversed or cancelled if requested by the patron on his or her own initiative or if the patron fails to comply with requests for information needed to process the withdrawal.

N.J. Admin. Code § 13:69O-1.3

Amended by 46 N.J.R. 1817(c), effective 8/18/2014.

Amended by 50 N.J.R. 617(a), effective 1/16/2018

Amended by 50 N.J.R. 1652(a), effective 7/16/2018

Amended by 51 N.J.R. 1514(b), effective 10/7/2019

Amended by 56 N.J.R. 1182(b), effective 7/1/2024