Original Section(s)

11 VAC 5-70-290 Player Accounts

GLI Recommendations

11 VAC 5-70-290.A

1. Online wagering on sporting events is permitted only by a player who has established a player account with an approved permit holder.

GLI recommends updates based on what has been seen in other markets.

11 VAC 5-70-290.B

2. The information necessary to initiate a player account shall be recorded and maintained for a period of five years, and shall include at least the:
   1. Player’s legal name;
   2. Player’s date of birth;
   3. Player’s residential address (other than a post office box) for the purposes of mailing checks, statements of account, account withdrawals, notices, or other appropriate correspondence;
   4. Player’s phone number;
   5. Player’s active e-mail address;
   6. Player’s social security number (“SSN”) or equivalent for a foreign player who intends to place a wager within the Commonwealth of Virginia, such as a passport or taxpayer identification number. The player may enter only the last four digits of a SSN if other factors are sufficient to determine the entire nine-digit SSN within a reasonable time;
   7. Verification that the player is not prohibited by the sports betting law or this chapter from participating in sports betting; and
   8. Document number of the government-issued identification credentials entered, or other methodology for remote, multi-source authentication, which may include third-party and governmental databases, as approved by the Director.

11 VAC 5-80-110.B

3. The information obtained from the player shall be verified by the permit holder using means acceptable to the Department. A permit holder shall take commercially and technologically reasonable measures to verify a player's identity and address and shall use such information to enforce the provisions of this section.

GLI recommends moving in  from 11 VAC 5-80-110.B and update based on what is seen in other markets.

11 VAC 5-70-290.D

4. If a permit holder determines that the information provided by a player to verify their identity, to make a deposit or process a withdrawal is inaccurate or incapable of verification; fails to verify the identity of the player; or the player violates the policies and procedures of the permit holder, the permit holder shall, within ten days, require the submission of additional information from the player that can be used to remedy any violation or failure to verify the identity or funds deposit or withdrawal information of the player. If such information is not provided or does not result in verification of the player’s identity or deposit or withdrawal information, the permit holder shall:

1.    Immediately suspend the player account and not allow the player to place wagers;

2.    Submit any winnings attributable to the player to the Director for distribution to the Problem Gambling Treatment and Support Fund established pursuant to § 37.2-314.2.;

3.    Refund the balance of deposits made to the account to the source of such deposit or by issuance of a check; and

4.    Deactivate the account.

GLI recommends adding as this would be applicable to verification.

11 VAC 5-80-100.H

5. A permit holder shall prominently publish all contractual terms and conditions and rules of general applicability that affect a sports bettor's segregated player account. Presentation of such terms, conditions, and rules at the time a sports bettor initially acquires a segregated player account shall not be deemed sufficient to satisfy the provisions of this subsection.

GLI recommends moving in  from 11 VAC 5-80-100.H and clarity be added here. Usually the requirement is the player must review and accept the terms and conditions prior to processing the application for a player account. What else is needed here to be “sufficient” with this requirement? Recommend removal of “not”.

11 VAC 5-70-290.C

11 VAC 5-80-90.6

6. A permit holder shall record the player’s acceptance of the terms and conditions and privacy policy and acknowledgment that the information provided is accurate and the player is prohibited from allowing any other person to access or use the player’s player account.

GLI recommends merging in 11 VAC 5-80-90.6 which has similar intent. Also, there is nothing defined as the content requirements of the terms and conditions and the privacy policy.

11 VAC 5-70-290.E

7. A permit holder shall notify the player of the establishment of the player account by e-mail, text message, or first-class mail. Once a player account is created, a secure personal identification (e.g., a unique username) for the player authorized to use the player account shall be established that is reasonably designed to prevent unauthorized access to, or use of, the player account by any individual other than the player for whom the player account is established.