W. Va. Code R. § 179-9-14

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 179-9-14 - Sports wagering accounts

14.1. Online sports pool wagering shall only be engaged in by patrons who have established a sports wagering account.

14.2. In order to establish a sports wagering account, a sports pool operator or sports pool intermediary shall:

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

14.2.1.1. The patron's legal name;

14.2.1.2. The patron's date of birth;

14.2.1.3. The patron's Social Security number, or the last four digits thereof, or an equivalent identification number for a noncitizen patron, such as a passport or taxpayer identification number;

14.2.1.4. The patron's online sports pool account number;

14.2.1.5. The patron's residential address (a post office box is not acceptable);

14.2.1.6. The patron's electronic mail address;

14.2.1.7. The patron's telephone number;

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

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

14.2.1.10. The date of verification.

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

14.2.2.1. Any portion of the patron's Social Security number or equivalent identification number for a noncitizen patron, such as a passport or taxpayer identification number;

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

14.2.2.3. The patron's credit card numbers, bank account numbers, or other personal financial information.

14.2.3. Verify the patron's identity in accordance with:

14.2.3.1. Reliable forms of personal identification specified in the MICS; or

14.2.3.2. Other methodology for remote multi-source authentication, which may include third-party and governmental databases, as approved by the Commission (such as Know Your Customer or "KYC").

14.2.4. Record the document number of the government issued identification credential examined;

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

14.2.6. Verify that the patron is not a prohibited sports pool participant;

14.2.7. Record the patron's acceptance of the sports pool operator's or sports pool intermediary's terms and conditions to participate in wagering through the mobile application or any authorized digital platform accepting wagers online;

14.2.8. Record the patron's certification that the information provided to the operator is accurate;

14.2.9. Record the patron's acknowledgment that the legal age for wagering in an online sports pool is 21, and that he or she is prohibited from allowing any other person to access or use his or her sports wagering account; and

14.2.10. Notify the patron of the establishment of the account via electronic mail or regular mail.

14.3. A patron shall have only one sports wagering account for each sports pool operator or sports pool intermediary. Each sports wagering account shall be:

14.3.1. Non-transferable;

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

14.3.3. Distinct from any other account number that the patron may have established with the sports pool operator.

14.4. A patron's sports wagering account for online sports pools may be funded through the use of:

14.4.1. A patron's deposit account established for sports wagering according to the requirements provided in W. Va. Code of State Rules § 179-8-121;

14.4.2. A patron's credit or debit card;

14.4.3. A patron's deposit of cash or vouchers at a cashiering location approved by the Commission;

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

14.4.5. Promotional credit;

14.4.6. Winnings;

14.4.7. Adjustments made by the sports pool operator with documented notification to the patron;

14.4.8. ACH transfer, provided that the operator has security measures and controls to prevent ACH fraud pursuant to section 14.5 below; or

14.4.9. Any other means approved by the Commission.

14.5. A failed ACH deposit attempt shall not be considered fraudulent if the patron has successfully deposited funds via an ACH transfer on a previous occasion with no outstanding chargebacks. Otherwise, the operator shall:

14.5.1. Temporarily block the patron's account for investigation of fraud after five consecutive failed ACH deposit attempts within a 10-minute time period. If there is no evidence of fraud, the block may be vacated; and

14.5.2. Suspend the patron's account after five additional consecutive failed ACH deposit attempts within a 10-minute period.

14.6. A sports pool operator or sports pool intermediary shall not permit a patron transfer funds from a patron account to another patron.

14.7. All adjustments to patron accounts for amounts of $500.00 or under shall be periodically reviewed by supervisory personnel as set forth in the sports pool operator's internal controls. All other adjustments shall be authorized by supervisory personnel prior to being entered.

14.8. Online sports pool 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 online sports pool system shall, upon request, be capable of providing a summary statement of all patron activity during the past year.

14.9. A sports pool operator shall maintain a West Virginia bank account separate from all other operating accounts to ensure the security of funds held in patron sports wagering accounts. The balance maintained in this account shall be greater than or equal to the sum of the daily ending cashable balance of all patron sports wagering accounts, pending wagers, and pending withdrawals. A sports pool operator shall have unfettered access to all patron sports wagering account and transaction data to ensure the amount held in its independent account is sufficient. The casino controller or other higher ranking employee shall file a monthly attestation with the Commission that the funds have been safeguarded pursuant to this subsection.

14.10. A sports pool operator or sports pool intermediary shall periodically re-verify a patron's identification upon reasonable suspicion that the patron's identification has been compromised.

14.11. An online sports pool 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 sports wagering account closed by a patron shall be refunded pursuant to the operator's internal controls.

W. Va. Code R. § 179-9-14