Proposed Assembly Bill Aims To Further Shape Advertising Afforded To NY Sportsbooks

Written By Hill Kerby on August 7, 2024
Image of a remote control in front of TVs for a story on a New York Assembly bill aiming to restrict advertising by sportsbooks.

The nation’s top sports betting market is looking to place new restrictions on its sportsbook operators.

Assemblyman Clyde Vanel introduced new legislation at the end of July to amend the advertising laws pertaining to New York sportsbooks.

Assembly Bill A10658 requires that mobile sports wagering licensees (sportsbooks) adhere to the same restrictions as gaming facility (casino) licensees and applicants. The bill is currently in the Assembly’s Racing and Wagering Committee.

It will also enter a concurrent committee in the state Senate. If it passes through both committees, it will reach the floor for Assembly and Senate hearings. If successful there, the bill will then go to the desk of Gov. Kathy Hochul to sign into law.

About new bill aimed at curbing NY sports betting ads

Assembly Bill A10658 defines “advertisement” as any public notice or communication a company publishes relevant to its business. It includes advertisements from:

  • Broadcasting
  • Publications, printed or electronic
  • Promotional activities
  • All other means of dissemination, such as email or social media

The bill also provides guidelines for sportsbooks to follow with their advertising strategies.

Licensees must use factual information without any type of misleading or deceptive elements, such as:

  • Obscuring material facts through lighting, location, font size, color, etc.
  • Withholding information related to bonuses and promotions
  • Showing or promoting anybody under the age of 21 engaging in gambling activities
  • Failing to provide the advertiser’s name and location. Gaming facilities can omit the location on billboard advertisements within 30 miles of the casino.

Bill focuses on responsible gaming

In addition to the above, Vanel’s bill maintains a focus on responsible gambling in New York. It mandates that every sports betting advertisement display a problem gambling hotline number in clear, plain sight for the entirety of the ad.

The requirements add to New York’s history of protecting bettors and promoting responsible gambling.

The state passed legislation in June requiring sportsbooks to include warnings on the “harmful and addictive effects of gambling in their advertisements.” Last year, it outlawed “deceptive promotions” that used terms like “risk-free” in a dishonest fashion.

At the federal level, Rep. Paul Tonko introduced legislation earlier this year addressing deceptive marketing tactics, artificial intelligence and fiscal safeguards in online sports betting. Tonko has supported a federal ban on sports betting advertising, citing concerns about aggressive marketing tactics, addiction, and gambling disorders.

The final requirements for NY sportsbooks

Vanel’s bill ends with four components. Like the rest, casinos already follow these rules.

First, advertisers must allow individuals to opt out of receiving direct advertisements in the future. This applies to telephone, email, and postal mail, and operators must adhere within 15 days of receiving the opt-out request.

Second, sportsbooks must submit all advertisements to the New York State Gaming Commission for approval and immediately comply with any commission requests to remove an advertisement.

Third, operators must keep all advertising records for at least two years and make them available to the commission upon request.

Lastly, if the bill passes, it will take effect 90 days after becoming law.

Photo by Shutterstock
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Hill Kerby

Hill Kerby is a contributing writer for PlayNY who, above al else, emphasizes safe and legal betting, all while remaining grateful to be able to contribute to growing the gambling industry. His background includes poker, sports and psychology, all of which he incorporates into his writing.

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