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Commission upholds denials of requests to be removed from self‑exclusion list
Summary
Appellants told the Commission they were guided by customer service or misclicked app flows when they placed themselves on state self‑exclusion lists; the Division said records and signed acknowledgments show voluntary enrollment. The Commission denied early removal requests for three appellants and explained the procedural basis on the record.
Three appeals to remove individuals from the Division of Gaming Enforcement's self‑exclusion list were considered at the Dec. 11, 2024 meeting; in each case the Division urged the Commission to uphold hearing examiner initial decisions finding the appellants voluntarily completed the self‑exclusion steps.
In the matter captioned 24051 AP (MG), the appellant said a customer‑service representative at ESPN Bet advised him to self‑exclude while he sought recovery of roughly $250 in fees and that he had never previously had a gambling problem. The Division responded that the appellant completed the self‑exclusion steps, executed required waivers and acknowledgments, and therefore requested denial of early removal. The Commission voted to adopt the hearing examiner's initial decision and deny the request for early removal prior to the appellant's recorded expiration date.
In a confidential matter captioned 240047 AP (ED), Division counsel presented the hearing examiner's Dec. 6, 2024 decision and the complete record; the Division argued removal would undermine the self‑exclusion program because the appellant had completed the process without solicitation. The Commission considered the record with confidentiality protections and adopted the initial decision as recommended.
Kevin Tournay (KT), who identified himself on the record, told commissioners he completed a self‑exclusion process through the Hard Rock app in roughly 30 seconds and had not intended a statewide five‑year exclusion. KT asked for leniency and said he had tried to resolve the issue in person and by phone. The Division emphasized the waiver language and the step‑by‑step process in the app, and asked the Commission to uphold the initial decision. The Commission voted to deny KT’s request for early removal; the record lists an expiration date of April 6, 2029.
Division counsel cited the applicable NJAC provisions and argued that allowing early removals in these cases would undermine the integrity of the self‑exclusion program. Commissioners adopted the initial decisions on the record by voice vote. The appeals were recorded as decided; appellants were represented or sworn in where required and the Commission noted confidentiality rules when applicable.
Why it matters: the self‑exclusion list is a tool for responsible‑gaming enforcement; denials reinforce the Division's emphasis on signed waivers and the formal enrollment process, while appellants raised concerns about app design and customer‑service interactions that they said contributed to their enrollment.
