Casino Lending: Following the Rules Gives Harrah’s a Win

In the heavily regulated casino industry following the magnitude of rules often seems like a burden that increases costs and gets in the way. But Harrah’s was rewarded with an important win on Friday when the New Jersey Appellate Division, the intermediate appellate court, affirmed a lower court judgment in favor of Harrah’s for a $160,000. The court recognized that Harrah’s is in the business of operating casino gambling, the defendant was its customer – their relationship is built on enabling gaming not withholding it. Harrah’s had no duty to its customer to deny him credit even if he was a compulsive gambler.
The Harrah’s casino gambler, M.D. (I’ve used only his initials because his name is not important to this report), requested and obtained $160,000 to gamble with from a $200,000 line of credit. He secured the loan by issuing counter checks drawn on his bank account. New Jersey has strict statutory requirements that render any check “cashed, transferred, conveyed, or given” without following the statute invalid and unenforceable. N.J.S.A.5:12-101(f). Sections (b), (g), and (h) of the statute lay out as many as thirteen requirements that may apply to the acceptance of a check from a player to allow them to participate in a gaming or simulcast wagering activity. Here Harrah’s complied with all of the requirements that applied to their transaction with M.D.
When M.D. failed to repay the loan Harrah’s presented the checks to his bank, which dishonored them for lack of funds. Harrah’s then sued to enforce the loan requesting the loan balance, interest, and attorneys’ fees. The trial court in Atlantic County found in favor of Harrah’s. M.D. did not contest that the loan was given to him, he failed to repay it, and his checks bounced. He claimed instead that Harrah’s should never have loaned him the money because he was a compulsive gambler. He claimed he was listed on a “central credit registry” and no one should have extended him credit. He did not identify the registry or prove he was on it.
New Jersey’s statutory scheme offers casino gamblers the opportunity to place themselves on a list maintained by the Division of Gaming Enforcement under N.J.S.A. 5:12-101(j). Once notified of a gambler’s placement on this list all casinos must immediately deny credit privileges to them. The self-exclusion list that exists under N.J.S.A. 5:12-71.2(a) also affords compulsive gamblers the opportunity to designate themselves as not allowed to gamble, but if they manage to enter, gamble, and lose the casino is not liable. N.J.S.A. 5:12-71.2(c). The existence of a bounced check to any casino also automatically suspends a gambler’s credit privileges at all other casinos. N.J.A.C. 13:69D-1.27(g).
This is an example of where careful compliance with the statutory lending requirements saved the casino money, reinforcing the need for training and proper back end controls.
Those with questions should contact Craig Annin & Baxter, a Woodbury NJ litigation law firm. Our experienced and skilled attorneys are here to help you and your loved ones have the most successful case possible.
Municipal Entity Representation: Why They Need Lawyers Too
If you have been elected to a position on a governing body, congratulations and condolences. This may be your first elected position and you may find that the adage, be careful what you wish for, is all too true. Governing a municipality is a challenging undertaking;...
RED FLAG LAWS: WHAT ARE THEY AND DO WE HAVE ONE IN NEW JERSEY?
The national debate about gun control includes the prospect of Congress taking up consideration of expanded background checks and “red flag” laws. You might wonder what a “red flag” law is and how it may apply. New Jersey has a red flag law called the “Extreme Risk...
Contact the Firm of Craig Annin & Baxter for More Info
Boating season is here, and this means good times out on the water. It also brings with it a serious responsibility for your own safety as well as the safety of your family. There are certain precautions that you will need to take in order to stay completely safe out...
WHEN CAN FINANCIAL PENALTIES BE USED TO DETER NON-COMPLIANCE WITH A MARITAL SETTLEMENT AGREEMENT?
20-2-2066 Holtham v. Lucas, N.J. Super. App. Div. (Ostrer, J.) (18 pp.) Plaintiff appealed from the trial court’s order requiring him to pay defendant $150 per day of plaintiff’s non-compliance with a provision of the parties’ marital settlement agreement that...
SPOUSAL SUPPORT IN NEW JERSEY: WHAT ARE THE REQUIREMENTS?
Spousal support, sometime called alimony, may be ordered in New Jersey divorces in certain situations. An order for spousal support is not guaranteed, so you should consider consulting with the Woodbury family lawyers from Craig Annin & Baxter if you believe...
Splitting the Equity in My Home During a Divorce
Are you planning to divorce your spouse? One of the most important things to keep in mind is that you will need to divide up the equity in your home. Equity can be defined as the difference between the value of your home and the amount of money that you still owe on...
How Long Does a Personal Injury Case Usually Take?
Personal injuries lawsuits are unfortunately common. We say unfortunately because we don’t like the fact that there are people out there who are still getting injured through no fault of their own. Our crowded streets make these events more likely to occur. We...
New Jersey Courts Address Parental Liability for Underage Drinking and Going Forward Imposes Liability on Underage Adults Who Host
On June 6, 2019 the New Jersey Superior Court’s Appellate Division, the intermediate appeals court, decided whether homeowners whose children consume alcohol and allow other underage adults to consume alcoholic beverages at their home are liable for resulting...
A New Jersey state court entered a $27.65 million judgment for UFC
A New Jersey state court entered a $27.65 million judgment for UFC middleweight contender Yoel Romero following a damages trial involving a tainted training supplement that led to a suspension and lost professional opportunities, his legal team said today. Entered by...
Common Mistakes to Avoid When Going Through a Divorce
Going through a divorce is an emotionally taxing time. It can be easy to let emotions get the best of you. Avoid making these serious mistakes to keep your divorce as stress-free and cost-effective as possible. Waiting Too Long to Consult with an Experienced Divorce...

