On October 20, 2026, New Jersey Attorney General Jennifer Davenport and the Division of Gaming Enforcement (DGE) announced that a set of data-driven responsible gaming requirements has been codified into state regulations with the force of law. New Jersey is now the first state to require these measures by regulation. The final regulations are available here.

Under the regulations, DGE-permitted online gaming and sports wagering operators must appoint a responsible gaming lead, apply mandatory play thresholds and behavioral triggers, conduct due diligence reviews, maintain an at-risk patron list, and provide three phases of intervention.

Requirements

The final regulations establish a uniform, enforceable framework for identifying and responding to potential problem gambling. Operators must use mandatory patron play thresholds and behavioral triggers to identify patrons who may need support.

The thresholds include certain deposit, account-turnover, self-exclusion, cool-off, withdrawal-cancellation, and gambling-activity criteria. Meeting a threshold triggers a due diligence review, but does not necessarily result in an at-risk designation.

If the review indicates potential problem gaming behavior, the operator must add the patron to its list of at-risk patrons and apply an appropriate phase of intervention. The interventions range from providing responsible gaming information, to requiring the patron to view an approved educational video, to direct live outreach. Operators must maintain documentation of reviews and interventions for at least five years.

Operators already maintain responsible gaming staff and follow similar standards under previously established best practices. However, there was no uniform, regulatorily enforceable standard for when further review and phased intervention are required. The new regulations supply clear baseline criteria and outline the assistance operators must provide.

Marketing Scrutiny

The regulations also prohibit direct advertising and promotional offers to at-risk patrons who are required to complete a responsible gaming video or participate in direct outreach with responsible gaming staff.

The state also acknowledged recent press reports that some operators are using aggressive marketing or promotion tactics to target gamblers who are exhibiting signs of a gambling disorder. The announcement stated that no company is permitted to operate in New Jersey while flouting its laws, and that the state will continue to consider ways to adjust and strengthen its regulations to protect people from unscrupulous operators.

Why It Matters

New Jersey is the first state to turn responsible gaming best practices into enforceable obligations, and other states may follow. Operators should confirm that their responsible gaming personnel, automated triggers, due diligence and intervention processes, marketing controls, and documentation align with the new requirements.

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Photo of Stephen C. Piepgrass Stephen C. Piepgrass

Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies,

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Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies, including the CFPB and FTC, as well as clients involved with litigation, with a particular focus on heavily regulated industries. He also has experience advising clients on data and privacy issues, including handling complex investigations into data incidents by state attorneys general other state and federal regulators. Additionally, Stephen provides strategic counsel to Troutman Pepper’s Strategies clients who need assistance with public policy, advocacy, and government relations strategies.

Reade Jacob

Reade counsels gaming companies, financial institutions, fintech and social media platforms, and other commercial clients on regulatory, enforcement, and compliance matters spanning three core areas: gaming and sports betting, consumer protection, and privacy and data security. His gaming practice covers daily fantasy sports…

Reade counsels gaming companies, financial institutions, fintech and social media platforms, and other commercial clients on regulatory, enforcement, and compliance matters spanning three core areas: gaming and sports betting, consumer protection, and privacy and data security. His gaming practice covers daily fantasy sports investigations, state wagering licensure, social casino litigation, and federal and state gambling compliance. On the consumer protection side, he has represented clients before the CFPB, FTC, and state AGs, negotiating settlements and consent orders, and litigating high-stakes matters in administrative courts and arbitration proceedings.