Ohio gambling regulators are proposing a new rule that would, in a very limited sense, address a controversial sports betting industry practice.
The new rule, posted Oct. 16, 2026, would prohibit sports gambling platforms from sending direct advertisements or marketing to any user within 48 hours of the player enabling or changing any “responsible gambling” tool or mechanism.
The text of the proposed rule change:
“A sports gaming proprietor must not send direct advertisements containing marketing or promotional material, including push notifications or any other digital or physical direct marketing, to any individual within forty-eight hours of the individual enabling or changing any responsible gambling tool or mechanism, including wager or deposit limits, other than during initial account creation.”
Between The Lines
First, 48 hours is a short timeframe for this direct marketing ban, especially since the rule relies on a “responsible gambling” framework that public health experts have described as ineffective.
Secondly, Ohio took a long time to address direct-marketing harm, reflecting its conflict of interest in regulating the sports betting industry.
It partners with the industry and takes its cut of the proceeds. The state is now responding to recent media reports about the industry, including from The New York Times, ProPublica, and CBS.
That’s not to say Ohio sports gambling regulators weren’t discussing regulatory changes before the media reports, but the proposed change here isn’t especially proactive.
Even someone as rich as Warren Buffett has argued that states with legal sports gambling are playing their people like “sucker[s],” so wealthy people don’t have to pay more in taxes.
Third, is this rule enforceable? Perhaps, but Ohio may only know about it if a customer files a complaint or if the sportsbook self-reports the violation. Whether Ohio will meaningfully enforce the restriction is another question.
A fundamental flaw in state-sponsored sports betting is that consumer protection measures are often cumbersome to enforce. Ohio would need to enforce them through audits and compliance investigations, and the fines would need to be substantial to deter violations, not amount to the cost of doing business.
Finally, someone who activates a deposit limit, for example, could still encounter sports gambling advertising through TV, social media, radio, billboards, and so on. Public health experts argue gambling ads should be regulated like tobacco.
Bottom Line
A more serious proposal in Ohio is to delegalize online sports betting. Earlier this year, a coalition of policymakers and advocates introduced a bill to roll back Ohio’s legalization of online gambling. Outgoing Gov. Mike DeWine has said he regrets signing the law legalizing sports gambling.
Ohio, to its credit, is going hard in its fight against prediction market sports gambling sites. The state proposed a $5 million fine against Kalshi, the largest prediction market by volume, and recently secured a major federal court ruling in its favor.
Ohio policymakers could also craft a more comprehensive bill to rein in the industry, potentially modeling it after the federal SAFE Bet Act.
Ohioans could also support the movement to overturn the 2018 Supreme Court ruling that allowed state-sponsored sports betting.
Ultimately, this proposed sports gambling regulatory update leaves many Ohio sports bettors exposed to platforms designed to take their money in potentially excessive sums. Stronger action remains the better path.
