New Jersey’s Assembly Tourism, Gaming and the Arts Committee voted 7-0 on September 14 to advance two measures addressing targeted gambling advertising and self-exclusion enforcement. The vote follows a controversy in which FanDuel sent a personalized promotional video featuring Philadelphia Phillies outfielder Bryce Harper to a customer battling gambling addiction who had wagered $18.5 million and lost more than $1.5 million on the platform.
Assembly Resolution 150, sponsored by Assemblyman William Moen, a Democrat who chairs the committee, urges a prohibition on gambling advertisements directed at individuals exhibiting signs of problem gambling or addiction. The resolution specifically cites personalized celebrity-endorsement marketing, of the type distributed through platforms such as Cameo, as a practice warranting restriction. As a resolution rather than a bill, AR150 would not carry the force of law but signals legislative intent to state regulators and operators.
The committee also advanced Assembly Bill 5210, which would require individuals on New Jersey’s self-exclusion list to complete educational and counseling sessions before being reinstated, and would permit third parties to request that an individual be added to the list, provided they demonstrate financial responsibility for that person. A5210 was introduced in June and reported favorably alongside AR150 in the same September 14 session. Both measures advanced to second reading in the Assembly.
Origins in the Harper-FanDuel Controversy
The legislation follows a July incident in which FanDuel used a Cameo video of Harper, recorded for an unrelated purpose, to congratulate a customer on gambling activity. Harper said afterward that he had not been informed the video would be used to promote sports betting to the individual. Moen cited the case directly in advancing AR150, saying personalized celebrity videos “should not target vulnerable consumers.”
Federal Scrutiny Preceded State Action
The incident also drew federal attention. On August 10, Sen. Richard Blumenthal (D-CT) and Reps. Paul Tonko (D-NY) and Valerie Foushee (D-NC) sent letters to Major League Baseball, the MLB Players Association and FanDuel, posing questions about player endorsement policies, VIP program safeguards for at-risk bettors and whether players would be barred from personalized sportsbook marketing going forward. The lawmakers set an August 24 deadline for responses and called on FanDuel to eliminate VIP programs they said were designed to exploit vulnerable customers.
Industry Opposition
The Sports Betting Alliance, the trade association representing major mobile sportsbook operators including FanDuel, opposed A5210 but did not testify at the committee hearing. Neither AR150 nor A5210 has yet been scheduled for a full Assembly vote, and no Senate companion legislation has been introduced as of publication.
Image credit – All-Pro Reels from District of Columbia, USA – from Nationals vs. Phillies at Nationals Park, May 12th, 2021 (All-Pro Reels Photography), CC BY-SA 2.0,