Protections for Problem Gamers

(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.