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9/8/20  1:56 pm
Commenter: Andrew Winchell

FanDuel Comments on Virginia Self-Exclusion Regulations (11 VAC 5-60-20 to 11 VAC 5-60-40)
 

11 VAC 5-60-20 Request for self-exclusion

 

Subsections (A), (B) and (C) of this section provide the process by which an individual may submit a request for self-exclusion and these procedures are generally in line with those found in other states.  However, there are a number of issues in these subsections.  First, the regulations appear to require an individual to file a self-exclusion request through their Internet gaming account.  Individuals who have made the decision to self-exclude should not be required to log into their gaming account (or, potentially have to create an account) in order to self-exclude.  The process should be available to the individual outside of the Internet gaming or sports wagering platform.

 

Second, these subsections require that individuals seeking self exclusion for life must appear, in person, at the “Department headquarters or any other location specified by the Department.”  This could be a barrier to individuals signing up for self-exclusion and should be removed.  Finally, Subsection (C) can be improved for clarity to ensure that there is not a specific, physical, form that individuals seeking to self-exclude need to complete, which would also serve as a potential barrier.

 

To address the concerns raised above, we suggest the following changes to 11 VAC 5-60-20:

 

“A.  An individual requesting placement on the self-exclusion list for sports betting and account-based lottery games offered over the internet shall submit [through his or her Internet gaming account,] a completed request for internet self-exclusion as required by this chapter. [Notwithstanding the above, if an individual requests to be placed on the Internet self-exclusion list for life, such request shall be made in person at Department headquarters or any other location specified by the Department.] 

 

B.  An individual requesting placement on the self-exclusion list for life [list] shall submit[, in person,] a completed request for self-exclusion as required by this chapter. The request shall be delivered to Department headquarters or any other location specified by the Department.  Any individual submitting a self-exclusion request for life shall be required to present valid identification credentials containing his or her signature and either a photograph or a general physical description. Any individual requesting self-exclusion pursuant to this subchapter may be required to have his or her photograph taken by the Department upon submission of the request.

 

C.  A request for self-exclusion shall include the following information [be in a form]as prescribed by the Department[, which shall include]:…”

 

11 VAC 5-60-30 Self-exclusion list

 

This section provides for the maintenance and distribution of the self-exclusion list.  There are two concerns raised by the provisions of Subsections (B) and (D) of this section, which can be easily addressed through minor clarifications.  First, Subsection (B) appears to require permit holders to change the status of an individual and refund their account balance within 24 hours of being notified that the individual has been added to the self-exclusion list.  As processing times vary by the mode of deposit/withdrawal utilized by the customer, the change to their status should be required to take place within 24 hours, but the processing of the return of their account balance should be allowed to follow the standard process outlined in the permit holder’s internal controls for processing withdrawals.

 

Second, Subsection (D) provides for the confidentiality of information maintained in the self-exclusion list, but specifically excludes employees of permit holders from being able to disclose information about self-excluded individuals with employees of other permit holders.  This can be addressed with a minor clarification.

 

To address the concerns raised above, we suggest the following changes to 11 VAC 5-60-30:

 

“B.  Each party noted in A. above shall maintain its own copy of the self-exclusion list and shall establish procedures to ensure that its copy of the list is kept up to date.  All appropriate employees and agents of the parties noted in A. above who are notified of any addition to or deletion from the self-exclusion list shall update the lists accordingly. Changes to the list shall be made within five business days after the day the notice is transmitted.  For any changes made over the Internet, changes shall be made within 24 hours after the notice is transmitted.  Following such change, [and] any remaining balance in the individual’s gaming account shall be refunded pursuant to internal controls approved by the Department. The notice provided by the Department shall include the name and date of birth of any individual whose name is removed from the list and the following information concerning any individual whose name is added to the list:

    1. Name, including any aliases or nicknames; ii. Date of birth; iii. Street address of current residence; iv. Telephone number;
    1. Social Security number, if voluntarily provided by the individual requesting self-exclusion;
    2. A physical description of the individual, including height, weight, gender, hair color, eye color, and any other physical characteristic that may assist in the identification of the individual; and vii. A copy of the photograph, if applicable, taken by the Department pursuant to 11 VAC 5-60-20.

D.  Except as provided [in D. 2. and 3.] below, no employee or agent of the Department or any of the parties included in A. above shall disclose the name of, or any information about, any individual who has requested self-exclusion to anyone other than employees and agents whose duties and functions require access to such information.

    1. Notwithstanding the foregoing, any sports betting permit holder may disclose the name of and information about a self-excluded individual to appropriate employees of other sports betting permit holders in Virginia for the purpose of alerting them that a self-excluded individual has tried to gamble or obtain gaming related privileges or benefits from the sports betting permit holder.
    2. It shall be permissible for a sports betting permit holder, or an employee or agent thereof, to disclose the names of individuals on the self-exclusion list to a third party that is registered or licensed by the Department pursuant to chapter 70 of this subtitle for the purpose of allowing the third party to remove the names of such individuals from a targeted mailing or other advertising or promotion to be made on behalf of the sports betting permit holder. The company to whom such self-exclusion list is disclosed shall be prohibited from distributing or disclosing the list to the public or to any other party and shall be required to establish procedures approved by the Department to ensure the self-exclusion list is not disclosed.
    3. A licensed or registered company that obtains the self-exclusion list from a sports betting permit holder shall be permitted to use the list solely to exclude names or addresses from a marketing campaign on behalf of the sports betting permit holder. Such company may not use the self-exclusion list for any other type of marketing or for any other purpose whatsoever.”

 

11 VAC 5-60-40 Duties of sports betting permit holder

 

Subsection (A) of this section includes a provision which requires permit holders to “void all outstanding wagers of an individual on the self-exclusion list.”  This provision creates a potential loophole where a player may seek to void one or more wagers they have placed, which appear likely to lose, by self-excluding.  To address the concern raised above, we suggest the following change to 11 VAC 5-60-40(A):

 

 “A.  A sports betting permit holder shall establish procedures that are designed, to the greatest extent practicable, to:

1. Prevent an individual on the self-exclusion list from opening a new sports betting account;  

2. Identify and suspend any sports betting accounts of an individual on the self-exclusion list;

3. [Void all outstanding wagers of an individual on the self-exclusion list; 

4. ] Refund any remaining balance to an individual on the self-exclusion list consistent with the permit holder’s internal controls approved by the Department; 

[5.] 4. Ensure that self-excluded individuals do not receive, either from the permit holder or any agent thereof, targeted mailings, telemarketing promotions, player club materials, or other promotional materials relating to sports betting; and 6. Enforce the provisions of this chapter.

 

CommentID: 84499