11 November 2026
The New York State Gaming Commission has advanced a comprehensive set of mobile sports wagering rules aimed at strengthening consumer protections and curtailing problem gambling. The new regulations, which commissioners approved unanimously, will tighten controls on how artificial intelligence and algorithmic methods are used to target bettors and introduce new safeguards to support patrons at risk of gambling harm.
The Commission's actions came at the start of a 60-day public comment period, with a final vote expected in the first quarter of 2025. Acting chair O’Dwyer underscored the importance of rapid operator data-sharing to prevent patrons from evading responsible gaming measures by switching between platforms.
What the commission approved
The Commission voted in favor of two rulemakings with far-reaching implications for New York's mobile sports betting market.
The first, adopted on Oct. 5, 2024, would restrict betting platforms, including commercial casinos and mobile sports wagering licensed providers and operators, video lottery gaming agents, and bookmakers from leveraging AI-powered services to target customers with personalized promotions and wager suggestions.
The second would introduce a graduated intervention program for identifying and supporting patrons at risk of problematic gambling behavior. Safeguards would include a 72-hour cooling-off period, a minimum three-day withdrawal request window, and a requirement that licensees provide patrons with contact details for appropriate professionals, such as responsible gambling counselors or mental health services, when necessary.
The rulemakings were approved 5-0, with no dissenting opinions.
Since New York launched legalized mobile sports wagering in January 2022, the state's market has been regulated closely by the New York Gaming Commission. No real-money online casino games, like slots and blackjack, have been permitted, and licensees must use geolocation technology to confirm that wagering takes place within state borders.
The AI-limiting proposal seeks to stop platforms from analyzing gambling patrons' behavior and targeting them with customized promotions, as well as to restrict platforms' ability to create personalized wagering recommendations. While platforms would be required to review logs of their system outputs, the proposal stipulates that any offer linked to individual data would be presumed to be a violation, unless otherwise proven.
Sample AI content limits
- A licensee must not use an automated system to analyze a patron's gambling behavior or wagering history for the purpose of targeting that patron with personalized promotions or personalized wager recommendations;
- A licensee is not exempt from these prohibitions, even if a human reviews the system outputs or if the patron consents to receive AI-driven promotions or wager recommendations;
- Use of AI or automated decision-making to analyze individual patron data and create personalized promotions or recommendations would, prima facie, be a violation, with some exceptions for published, objective criteria;
- Unless a licensee can prove otherwise, a licensee is prohibited from using an automated system or AI to analyze individual patron data and create personalized promotions or recommendations.
The proposal includes exemptions for horse racing, though only in instances where the patron affirmatively opts-in. The Commission said wagers on horse racing would be allowed if the patron clearly consents, but not if the race was marketed with special promotions. Automatic bets on racing, like daily doubles, would be prohibited.
From triggered by risk determinants to emergency care
| Trigger | Intervention |
|---|---|
| Deposit > $5,000 in 24 hours; deposit > $50,000 in 90 days; wagers > $500,000 in 90 days | Stage 1 - Alert to responsible gambling features such as time, loss and deposit limits, cooling-off options, and self-exclusion procedures |
| Behavioral patterns and unusual wagering activity | Stage 2 - Require viewing of a Commission-approved educational tutorial |
| Continued high-risk behavior | Stage 3 - Contact patron, provide responsible gambling contacts, suggest referral to support services |
If the patron does not respond to these measures, the proposal would prevent them from canceling or reversing a withdrawal request for at least three days. The licensee must contact the patron, alerting them to responsible gambling options and providing a method to close their account.
Next steps and unresolved issues
The Commission's proposal will now enter a 60-day public comment period. It is the most recent in a series of actions on sports wagering that tie into Governor Kathy Hochul's 2024 State of the State program. That policy included measures aimed at curbing gambling addiction and preventing practices designed to keep customers gambling beyond their means.
The Commission cautions that the rules may not be enough to completely address problem gambling. As an impact assessment reads:
"New York's sports betting market continues to evolve, and related issues such as responsible gaming practices are still being explored. In addition, the impact of sports betting is likely to grow as online wagering becomes more prevalent. Thus, there's a need for ongoing monitoring, public education campaigns, and potential regulatory adjustments if necessary."
The introduction of standardized user interfaces would assist in evaluating potential harms and societal costs related to gambling.