Managing Liability Risk
Gambling in Society: A Question of Balance
Presenters: Rob Simpson & Amy Perry
April 5, 2008
The Core Question
Do providers owe a duty of care to PGs?
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opinion is passionate and divided
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not unlike the alcohol industry, pre-Menow
Kalajdzic and Sasso; Cameron; Kalajdzic
up to the courts to decide
 two options:
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do nothing and wait
do something and wait
What is the Risk?
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Kalajdzic & Sasso study identified:
1.
2.
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player loyalty programs
self-exclusion programs
this presentation will:
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explore strategic responses
illustrate with applied examples
Loyalty Programs
programs track gambling history & losses
 establishes foreseeability
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escalating losses
escalating comps
parallels intoxication in bars
establishes proximity
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personal data (including postal codes)
regular mailings
Loyalty Programs & Duty of Care

Duty of Care:
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addresses likelihood of harm, not certainty
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determines and balances responsibility
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requires reasonable steps to identify/intercept
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met through Standard of Care
• can be self-defined (e.g. physicians)
• can be imposed
Overall Goals for Providers
1.
Establish defensible track record:
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2.
prevention of harm
interception of harm
research (objective) validation of efforts
Redress systemic inconsistencies
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align policies and procedures
informed – disinformed continuum
Strategy for Loyalty Program Members

divide members into high and low risk
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adopt ‘early intervention’ for HR members

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use mathematical algorithms (iCare)
use proxy indicators (OLG)
act while problems are manageable
adopt ‘prevention’ for LR members

Risk Avoidance + Risk Reduction
Loyalty Program Goals
High Risk:

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better equip individuals to act in self-interest
balance responsibility for failure to act
Low Risk:
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remove foundations for exceeding limits
failure to apply becomes player’s choice
High Risk Members (example)
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provide information about:
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nature of problem gambling/impaired control
describe signs; provide self-assessment
link to appropriate help; remove barriers
the imperative of taking action

develop into ongoing campaign

monitor players; escalate as needed
Low Risk Members (example)
goals: reduce risk of onset
 focus on modifiable risk factors
 develop theory-based resources
 evaluate/establish impact
 distribute extensively
 eliminate inconsistencies in practice

Role of Information (Knowledge)

goal: ‘create informed gamblers’
information
ignorance
implied paradigm
Role of Information wrt Slots
information
disinformation
alternate paradigm
Disinformation
[mass noun] false information which
is intended to mislead, especially by
propaganda issued by a government
organization to a rival power or the
media.
- Oxford Dictionary
Types of Slots Disinformation
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near misses and nudges
visibility of winning symbols
loud noises for all winners
ability to reserve a specific machine
having stop buttons
jackpot payout advertising
Cognitive Restructuring
In support of behaviour change:
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identify target behaviour/consequences
specify erroneous cognition
link erroneous cognition to risk behaviour
identify factual fallacy behind error
specify factually accurate cognition
link new cognition to desired behaviour
Aligning Policies & Procedures
establishes sincerity/reduces cynicism
 eliminate inconsistencies in practice
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reserving slot machines
ATMs on gaming floor
posting lottery number frequencies
remove/reduce/counter disinformation
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informing players of machine characteristics