Guide to legal gambling: Age verification and online gambling regulations across the United States

The rise of online gambling

Over the past decade, online gambling has substantially increased in popularity. Whether it's sports betting, poker rooms, or digital casino platforms, consumers engage in virtual betting like never before. 

Digital accessibility and growing demand, however, also heighten the risk of underage gaming, making age verification not just a regulatory checkbox, but a safeguard for responsible gambling.

Online gambling and betting sites face some of the strictest regulatory requirements regarding age verification. In recent years, gambling in the U.S. has increased, with 55 percent of US adults engaging in it in the past year, up from 43 percent in 2019. 

As of August 2023, the share of the US population participating in various types of gambling shows a notable increase compared to previous years. Lottery participation leads at 37%, followed by physical casino gaming at 26%. Sports betting has grown by 20%, while iGaming and gaming machines at non-casino locations maintain consistent 10% and 14% participation, respectively. Horse race betting remains less common, with a 6% share. This data indicates the popularity and evolving trends within the gambling sector across different activities.

Why age verification matters

The rise in online gambling has prompted lawmakers to set stringent age verification measures. The stakes are high, as allowing minors to gamble can lead to legal repercussions for operators, tarnished brand reputation, and societal harm. Regulatory bodies across the US have thus mandated online gambling platforms to implement effective, technology-driven solutions to verify users' ages before accessing gambling services.

Legal landscape and age verification requirements

In the United States, age verification laws for online gambling are primarily determined at the state level, leading to variations in legal requirements across the country. However, several overarching trends and regulations have emerged to ensure the protection of minors and promote responsible gambling practices.

State-specific age requirements:

Minimum age variations: The legal age for gambling varies by state and type of gambling activity. For instance, while many states set the minimum age at 21 for casino gambling, others allow individuals aged 18 to participate in certain forms of gambling, such as lotteries or pari-mutuel betting. It's essential for operators and players to be aware of the specific age requirements in their respective states. For this purpose, we would like to provide a few examples of state-specific age requirements that gambling businesses need to be aware of:

Ohio

Minimum age: 18 for most activities, though certain venues may require 21+.

Legal options:

• Casinos: Commercial casinos and racinos welcome players aged 21+ for slots and table games.
• Lottery: Open to players 18+.
• Pari-Mutuel Betting: Horse race betting allowed from age 18.
• Charitable Bingo: Available for individuals aged 18+, often organized by nonprofit organizations.

Ohio offers a range of gambling options with clear age requirements.

Texas

Minimum age: 18 for limited activities.

Legal options:

• Casinos: Limited tribal casinos available, typically requiring players to be 21+.
• Lottery: Open to players aged 18 and older.
• Pari-Mutuel Betting: Horse and greyhound race betting permitted from age 18.
• Charitable Bingo: Available to individuals 18+, regulated by the state.

Gambling opportunities in Texas remain highly restricted, with limited legal options.

New York

Minimum age: 18 for most activities, though some venues may require 21+.

Legal options:

• Casinos: Tribal and commercial casinos offer slots, table games, and poker. Most require players to be 21+, though some allow entry at 18 if alcohol is not served.
• Lottery: Open to players aged 18 and older.
• Sports Betting: Legal for individuals 21+ at licensed sportsbooks and online platforms.
• Pari-Mutuel Betting: Horse race betting allowed from age 18.
• Charitable Bingo: Available for individuals 18+, often run by nonprofit organizations.

New York offers diverse gambling options, with clear age requirements based on activity and venue.

Massachusetts

Minimum age: 18 for some activities, 21 for others.

Legal options:

• Casinos: Commercial casinos welcome players aged 21+ for slots and table games.
• Lottery: Open to players aged 18 and older.
• Sports Betting: Legalized in 2023, available to individuals 21+ at retail and online sportsbooks.
• Pari-Mutuel Betting: Horse race betting permitted for those 18+.
• Charitable Bingo: Available to individuals aged 18+, typically organized by nonprofit groups.

Massachusetts provides various legal gambling options, with age requirements depending on the activity.

Federal regulations and compliance:

• The Wire Act of 1961 is the main federal law regulating online gambling in the United States. It prohibits wire communication systems to transmit bets, wagers, or related information for sporting events or contests. Historically, the Wire Act has been interpreted as applying exclusively to sports betting, excluding other forms of online gambling like casino games or poker.
• Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006: This federal law prohibits gambling businesses from knowingly accepting payments in connection with unlawful Internet gambling. While UIGEA does not specify age requirements, it underscores the importance of compliance with state laws, including those related to age verification. For a deeper understanding of the legal landscape surrounding online gambling in the United States, including its implications for operators and consumers, see this comprehensive overview: Legal and Regulatory Framework for Online Gambling in the United States.

Technological measures for age verification:

• Advanced verification systems: Online gaming operators are increasingly adopting sophisticated age verification technologies, such as biometric authentication and real-time database checks, to accurately verify users' ages and identities. These measures help prevent underage access and ensure compliance with legal standards.
• Age verification is a critical component of regulatory compliance for online gaming platforms. Operators are required to implement rigorous checks to ensure players meet the legal age requirements. These systems not only reinforce responsible gaming practices but also safeguard businesses from penalties related to non-compliance.

Consequences of non-compliance:

Ensuring compliance with age verification protocols is crucial for gambling operators in the United States. Failure to prevent underage gambling can result in substantial penalties, including significant fines, suspension or revocation of licenses, and reputational damage. Regulatory authorities at both federal and state levels enforce these measures rigorously to protect minors and uphold the integrity of the gambling industry. For instance, the Pennsylvania Gaming Control Board has imposed fines totaling $150,000 on three casinos for 12 incidents where individuals under the age of 21 accessed gaming floors and participated in gambling activities.

In summary, while state-specific regulations primarily govern age verification laws for online gaming and gambling in the US, there is a clear emphasis on implementing robust verification systems to prevent underage gambling and ensure compliance with both state and federal laws.

What are the biggest challenges for operators? 

Navigating the age verification landscape presents unique challenges for online gaming and gambling operators. Unlike physical casinos, where visual ID checks occur, online environments rely solely on technology-driven measures. Fraudulent identification, identity theft, and synthetic IDs are just a few hurdles operators must overcome to ensure proper age verification. Implementing cutting-edge verification solutions—such as biometric checks, real-time ID document authentication, and artificial intelligence-driven fraud detection—has become essential to building a compliant and responsible online gaming environment.

Future trends in age verification for online gaming and gambling

The future of age verification in online gaming and gambling will focus on providing seamless user experiences while maintaining robust security and regulatory compliance. Innovations like AI-powered identity verification, facial recognition technology, and blockchain-based solutions offer promising ways to enhance age controls without discouraging legitimate users. As technology advances, regulatory frameworks may evolve to support innovative methods that balance accessibility and stringent security in the gaming and gambling sectors.

Key trends:

Biometric Authentication

The adoption of facial recognition and fingerprint scanning is increasing, offering precise age verification while streamlining the user experience. For instance, Yoti's AI system estimates ages based on facial analysis, with major platforms like Instagram and PlayStation utilizing this technology to prevent underage access (The Times).

Artificial Intelligence (AI) and Machine Learning

AI-driven systems can analyze user behavior and detect anomalies, aiding in identifying underage users attempting to bypass age restrictions. These technologies enhance the accuracy and efficiency of verification processes.

Regulatory developments

Governments are updating regulations to mandate stricter age verification measures. For example, the UK's Gambling Commission is implementing new rules to enhance age verification in both online and land-based gambling establishments (UK Gambling Commission).

Conclusion

In conclusion, age verification in the online gaming and gambling industry is a critical element in ensuring regulatory compliance, protecting minors, and maintaining public trust. As online gaming grows, operators face mounting pressure to implement sophisticated age-checking technologies to prevent underage access and mitigate legal and reputational risks. From state-specific regulations to adopting biometric authentication and real-time identity verification systems, the landscape is becoming more stringent and technologically advanced. Moving forward, striking a balance between seamless user experiences and robust security will be key, as the industry and regulatory bodies seek to uphold integrity and responsibility in an increasingly digital environment.

How can Veriff help? 

Veriff is at the forefront of providing comprehensive, AI-driven identity verification solutions that ensure compliance and enhance user security without compromising user experience. Here’s how Veriff can help with age verification in online gambling:

AI-Powered Verification

Veriff leverages AI and machine learning algorithms to accurately verify the identity and age of users, reducing the risk of underage access. Our intelligent technology detects and prevents fraudulent attempts, ensuring compliance with strict regulatory standards.

Seamless user experience

We understand that maintaining a positive user experience is crucial in online gaming and gambling. Veriff's verification processes are quick and intuitive, helping legitimate users access platforms effortlessly while upholding security and compliance measures.

Multi-layered verification solutions

Veriff offers advanced solutions, including biometric authentication, to enhance the reliability of age verification. This ensures a robust verification process while reducing manual intervention and minimizing errors.

Global compliance

Our solutions are designed to meet the regulatory requirements of various markets, providing tailored compliance for the online gaming and gambling sectors worldwide. Veriff stays ahead of evolving regulations, enabling businesses to operate confidently in any region.

Fraud detection and prevention

Veriff's comprehensive fraud prevention tools, including document verification, AI-driven behavioral analysis, and biometric checks, prevent identity theft, fake accounts, and attempts to circumvent age restrictions.

By partnering with Veriff, online gambling platforms can ensure they meet the highest standards of security, compliance, and user experience, fostering a safer, more trustworthy environment for all users.

 FAQ

1. How old must you be to gamble in the US?

The legal gambling age in the US varies by state and activity. Most states allow participation in lottery games, charitable bingo, pari-mutuel wagering, and daily fantasy sports (DFS) at 18. However, casino gambling and sports betting typically require individuals to be 21 or older. Check your state's specific laws for detailed guidelines.

2. Do you have to be 21 to enter casinos in the US?

Most US casinos require patrons to be 21 or older, even in states where gambling is legal at 18. This restriction often relates to the sale of alcohol on casino premises. Some casinos may permit 18-year-olds in certain non-alcoholic areas of the gaming floor.

3. What is the legal gambling age for online casinos?

Online gambling, including casino games and poker, is legally available in several U.S. states, including Connecticut, Delaware, Michigan, New Jersey, Pennsylvania, and West Virginia, with Rhode Island set to launch in 2024. Nevada, while a pioneer in gaming, limits its online offerings to poker only. As more states consider legalization, the landscape of online gambling continues to expand, offering greater access and opportunities for regulated play across the nation. These states impose a minimum age of 21 for online casino participation. Offshore online casinos, however, may accept players as young as 18.

Disclaimer: While we strive to ensure the accuracy of the information presented here, this guide is intended for informational purposes only and does not constitute legal advice.