S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4279--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Racing and Wagering -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
   relation to prohibiting mobile sports wagering operators and platforms
   from sending push notifications or text message notifications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "regulating
 addictive notifications act".
   §  2.  Legislative intent. To address public health concerns involving
 gambling addiction  arising  from  the  legalization  of  mobile  sports
 betting  in New York, this legislation prevents New Yorkers from receiv-
 ing push notifications that solicit  wagers  and  deposits  for  wagers.
 Research  has  shown that mobile sports betting increases the likelihood
 of risky betting behavior, problem gambling, and  addiction,  driven  by
 the accessibility, privacy, and ease of use offered by mobile devices.
   Mobile devices enable constant engagement with betting applications by
 reducing barriers to responsible gambling and allowing users to instant-
 ly  act on gambling urges anytime and anywhere in the state. The risk is
 greatest among young people, who typically spend  more  time  on  mobile
 devices, and vulnerable populations.
   Push notifications soliciting wagers and deposits may appear even when
 mobile sports betting applications are closed. Such solicitation is more
 invasive than traditional advertising and can exploit moments of vulner-
 ability  or  weakness,  undermining the ability of New Yorkers to gamble
 deliberately and responsibly. Opting New Yorkers out of such unsolicited
 gambling push notifications and  solicitation  is  crucial  to  mitigate
 harmful effects of risky betting, problem gambling, and addiction, which
 can  result  in  financial  and  occupational ruin, mental and emotional

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08412-03-5
 A. 4279--A                          2
              

 
 illness, the destruction of families, domestic violence, self-harm,  and
 suicide.
   § 3. Subdivision 4 of section 1367-a of the racing, pari-mutuel wager-
 ing and breeding law is amended by adding a new paragraph (k) to read as
 follows:
   (K)  MOBILE SPORTS WAGERING OPERATORS AND MOBILE SPORTS WAGERING PLAT-
 FORMS SHALL BE PROHIBITED FROM INITIATING OR SENDING MOBILE DEVICE  PUSH
 NOTIFICATIONS  OR TEXT MESSAGE NOTIFICATIONS, INCLUDING ALERTS, RELATING
 TO THE SOLICITATION OF SPORTS WAGERS OR DEPOSITS FROM  A  MOBILE  SPORTS
 WAGERING  OPERATOR'S  PLATFORM  ON WHICH AN AUTHORIZED SPORTS BETTOR MAY
 PLACE A SPORTS WAGER.   FOR THE PURPOSES OF  THIS  PARAGRAPH,  THE  TERM
 "PUSH  NOTIFICATION"  MEANS AN AUTOMATIC ELECTRONIC MESSAGE DISPLAYED ON
 AN ACCOUNT HOLDER'S DEVICE, WHEN  THE  USER  INTERFACE  FOR  THE  MOBILE
 SPORTS  WAGERING  OPERATOR'S PLATFORM IS NOT ACTIVELY OPEN OR VISIBLE ON
 THE DEVICE, THAT PROMPTS THE ACCOUNT HOLDER TO CHECK OR ENGAGE WITH SUCH
 PLATFORM.
   § 4. This act shall take effect immediately.