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Code · BILL · 113th Congress · H.R. 2282 (Introduced in House) — To regulate Internet gambling, to provide consumer protections, and for other purposes. · Sec. 107

Sec. 107. Compulsive gaming, responsible gaming, and self-exclusion program requirements

1,257 words·~6 min read·/bill/113/hr/2282/ih/section-107·

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Each qualified body shall, before issuing any licenses under this title, prescribe regulations for the development of a Compulsive Gaming, Responsible Gaming, and Self-Exclusion Program that each licensee of that qualified body shall implement as a condition of licensure. The regulations required by paragraph
(1)shall also provide for the establishment of a program to alert the public to the existence, consequences, and availability of the self-exclusion list established under subsection (c). Under each program under subsection (a), a licensee shall, under the scope of the license issued the licensee under this title, at a minimum— provide informational materials written in plain language about responsible gaming, including information about the self-exclusion list established under subsection
(c)and how a player may request placement on the list, each time a player signs in to make a bet or wager, which materials shall be provided via a prominently displayed hyperlink or comparable mechanism; provide informational materials about responsible gaming to any player that requests such materials; make continuously available individualized responsible gaming options that any customer may choose, including allowing customers to self-limit deposits amounts, frequency of play, and losses, as well as their access to the issuance of credit, check cashing, or direct mail marketing by the licensee, in each case as and to the extent that the qualified body may consider appropriate; ensure to a reasonable degree of certainty that persons on the list of self-excluded persons established pursuant to subsection
(c)are prevented from initiating any bets or wagers within the scope of this title; and ensure that the information required under this subsection is clearly and prominently made available by the licensee in each language in which services of the Internet gambling facility of the licensee are offered. Each qualified body shall establish and maintain a list of persons self-excluded from playing Internet gambling through Internet gambling facilities licensed by the qualified body. At the end of each day, each qualified body shall submit to the Secretary a current copy of the list established and maintained by the qualified body under clause (i). The Secretary shall establish and maintain a master list of all persons self-excluded from playing Internet gambling through Internet gambling facilities licensed under this title. Such list shall consist of all persons submitted under subparagraph (A)(ii). The Secretary shall make the master list established and maintained under clause
(i)available to all qualified bodies and licensees on an ongoing basis and licensees shall ensure to a reasonable degree of certainty that persons on the master list of self-excluded persons are prevented from initiating any bets or wagers within the scope of this title. Notwithstanding any other provision of law, qualified bodies and licensees may share information relating to persons on the master list among one another and with other regulators, whether Federal, State, tribal, local, or foreign, for the purpose of facilitating the prevention of self-excluded persons from initiating any bets or wagers within the scope of this title. The Secretary shall establish appropriate safeguards for the purpose of protecting the confidentiality of any personal information shared pursuant to this clause, to prevent the disclosure of such information to unauthorized persons or for any purpose other than facilitating the prevention of self-excluded persons from initiating any bets or wagers within the scope of this title. Any person may request placement on the list of self- excluded persons by— acknowledging in a manner to be established by each qualified body with respect to its licensees that the person wishes to be denied gaming privileges within the scope of this title; and agreeing that, during any period of voluntary exclusion, the person may not participate in Internet gambling or collect any winnings or recover any losses resulting from any gaming activity at any Internet gambling facility of a licensee. Except as provided in subparagraph (B), the United States, the Secretary, a qualified body, the State or Indian tribe in which that qualified body is located, an enforcement agent, licensee, or any employee or agent thereof, shall not be liable to any self-excluded person or to any other party in any judicial or administrative proceeding for any harm, monetary or otherwise, which may arise as a result of— any failure to withhold gaming privileges from, or to restore gaming privileges to, a self-excluded person; otherwise permitting a self-excluded person to engage in gaming activity while on the list of self-excluded persons; or disclosure to licensees, significant vendors, or employees or agents of licensees or significant vendors of the fact that an individual has been placed on the list of self-excluded persons and of other information that is reasonably necessary to identify that individual in order to carry out this subsection, including the address, date of birth, and taxpayer identification number of the individual. A licensee or employee or agent thereof may be liable to a self- excluded person in a judicial or administrative proceeding for a harm described in subparagraph
(A)to the extent provided under the law of the State or Indian tribe of the qualified body that issued the license. Nothing in this paragraph shall be construed to prevent the Secretary or a qualified body from assessing a regulatory sanction against a licensee or person for failing to comply with a provision of this section or a regulation prescribed thereunder or for misuse of any list of self-excluded persons for purposes not authorized under this section. Notwithstanding any other provision of Federal, State, or tribal law, the list of self-excluded persons shall not be open to public inspection. If necessary to effectuate the self-exclusion purposes of this subsection, any licensee may disclose the identities of persons on the self- excluded list to any significant vendor, service provider, or affiliated company to the extent that the significant vendor, service provider, or affiliated company maintains such information under confidentiality provisions comparable to those in this subsection. A person who is prohibited from gaming with a licensee by law, or by order of the Secretary, a qualified body, or any court of competent jurisdiction, including any person on the self-exclusion list under subsection (c), shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of prohibited gaming activity with a licensee. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, any prohibited person by a licensee as a result of bets or wagers made by a prohibited person while the applicable prohibition is effective shall be subject to forfeiture by order of the Secretary or a qualified body, following notice to the prohibited person and opportunity to be heard. Any funds forfeited pursuant to this subsection shall be deposited into the Treasury of the United States, or, in the case of a forfeiture to a qualified body, as provided by the applicable State or tribal law. No provision of this section shall be construed as creating a legal duty in the Secretary, a qualified body, a licensee, or any employee or agent thereof to identify or to exclude compulsive players not on the list of self-excluded persons. The Secretary, a qualified body, a licensee, and any employee or agent thereof, shall not be liable to any person in any proceeding for losses or other damages of any kind arising out of that person’s gaming activities based on a claim that the person was a compulsive, problem, or pathological player. Nothing in this section shall be construed to create a private right of action.
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