Current through Register 1531, September 27, 2024
(1)
Self-exclusion. DFSOs shall honor requests from DFS
Consumers to self-exclude from all contests, to set DFS Contest entry limits,
to limit play to contests with contest fees below an established limit, or to
set self-imposed deposit limits.
(a) DFSOs
shall implement and Prominently Publish procedures for DFS Consumers to
implement such restrictions.
(b)
Such procedures must include, at a minimum, opportunities to self-exclude or to
set limits on any DFS Platform used by that DFS Consumer to make deposits into
a DFS account and must also include options to set pop-up warnings concerning
excessive DFS Contest entries and options to implement DFSO enforced
timeouts.
(c) DFS Consumers shall
have the option to adjust these limits to make them more restrictive of
gameplay as often as they like, but shall not have the option to make limits
less restrictive of gameplay within 90 days of setting such limits.
(2)
Restriction on
Direct Marketing to Excluded DFS Consumers. DFSOs shall not market
a contest by phone or email, or by knowingly directing any form of individually
targeted advertisement or marketing material to a DFS Consumer if the player is
self-excluded or otherwise barred from playing in that contest.
(3)
Publication of Sources of
Assistance to Problem Gamers. DFSOs shall Prominently Publish a
description of opportunities for problem gamers to receive assistance or which
direct players to a reputable source, accessible in Massachusetts, for such
information.
(4)
Employee Training on Problem Gaming. DFSOs shall train
employees on problem gaming. Such training shall include training on DFSO
policies and best practices for identifying and assisting customers who may be
problem gamers.
(5)
Requests for Exclusion Made by Third Parties. DFSOs
shall develop and Prominently Publish procedures for honoring requests made by
third parties to exclude or set deposit or loss limits for DFS Consumers.
(a) These procedures shall include provisions
for honoring requests to exclude DFS Consumers for whom the requestor can
provide documentary evidence of sole or joint financial responsibility for the
source of any funds deposited with a DFSO for gameplay, including:
1. proof that the requestor is jointly
obligated on the credit or debit card associated with the DFS Consumer's
account;
2. proof of legal
dependency of the DFS Consumer on the requestor under state or federal law;
and
3. proof of the existence of a
court order that makes the requestor wholly or partially obligated for the
debts of the person for whom exclusion is requested.
(b) The procedures established under this
subsection shall also provide for exclusion in situations in which the
requestor can establish the existence of a court order requiring the DFS
Consumer to pay unmet child support obligations.
(6)
Limitations on Consumer
Deposits. A DFSO shall not allow a DFS Consumer to deposit more
than $1,000 in any calendar month, provided however that a DFSO may establish
and Prominently Publish procedures for temporarily or permanently increasing a
DFS Consumer's deposit limit, at the request of the DFS Consumer, above $1,000
per calendar month.
(a) If established by a
DFSO, such procedures shall include evaluation of information, including income
or asset information, sufficient to establish that the player can afford losses
that might result from gameplay at the deposit limit level requested.
(b) When a temporary or permanent deposit
level limit increase is approved, the DFSO's procedures shall provide for
annual evaluation of information, including income or asset information,
sufficient to establish a player's financial ability to afford losses at the
deposit limit level in place. Absent such evaluation, the temporary or
permanent deposit level increase shall not be extended.
