N.J. Admin. Code § 13:69Q-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69Q-1.4 - Requirements for online fixed odds wagering accounts

(a) Prior to engaging in online fixed odds wagering, a patron shall establish an online fixed odds wagering account.

(b) In order to establish a patron's online fixed odds wagering account, a licensed wagering operator shall:

1. Create an electronic patron file, which shall include, at a minimum, an exact match for:

i. The patron's legal name;

ii. The patron's date of birth;

iii. The 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. The patron's account number;

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

vi. The patron's electronic mail address;

vii. The patron's 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; and

x. The date of verification;

2. 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;

3. Verify the patron's identity:

i. If the account is established in-person, record the document number of the government-issued credential and any other documents examined; or

ii. If the account is established remotely, use another methodology for remote multi-sourced authentication, which may include third-party and governmental databases, as approved by the Division;

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" login protection;

5. Verify that the patron is of the legal age of 18, not self-excluded, or otherwise prohibited from participation in gaming;

6. Record the patron's acceptance of the operator's terms and conditions to participate in online fixed odds wagering;

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 18 and that he or she is prohibited from allowing any other person to access or use his or her Internet or mobile gaming account; and

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

(c) A patron shall have no more than one fixed odds wagering account with each licensed wagering operator. Each 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 operator.

(d) A patron's online fixed odds wagering account may be funded through the use of:

1. A patron's deposit in-person;

2. A patron's credit or debit card;

3. A patron's reloadable prepaid card;

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

5. Winnings;

6. Adjustments made by the operator with documented notification to the patron;

7. ACH transfer, provided that the operator has security measures and controls to prevent ACH fraud;

8. A transaction at an approved fixed odds wagering kiosk; or

9. Any other means approved by the Division.

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

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

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

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

1. The funding of fixed odds wagers;

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 reloadable prepaid cash card;

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

5. 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;

6. A cash withdrawal from a kiosk up to $ 3,000; or

7. Any other means approved by the Division.

(g) A licensed wagering operator shall not permit a patron to transfer funds to another patron.

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

(i) Online fixed odds wagering 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 fixed odds wagering 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 patron's account;

2. Withdrawals from the account;

3. Win or loss statistics;

4. Beginning and ending account balances; and

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

(j) A licensed wagering operator shall reverify a patron's identification upon reasonable suspicion that the patron's identification has been compromised.

(k) An online fixed odds wagering 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 online fixed odds wagering account closed by a patron shall be refunded pursuant to the operator's internal controls.

N.J. Admin. Code § 13:69Q-1.4

Adopted by 53 N.J.R. 2081(a), effective 11/3/2021

Amended by 55 N.J.R. 1839(a), effective 8/21/2023