The organization that holds the license to the 1-800-GAMBLER helpline and the former licensee, the National Council on Problem Gambling (NCPG), continue to be at odds in the Superior Court of New Jersey.
The Council on Compulsive Gambling of New Jersey (CCGNJ) has operated the national problem gambling hotline since the 1980s and licensed it to the NCPG in 2022 in a three-year agreement, which expired on May 31 of this year. After that expiration, with no renewal agreed, the NCPG obtained a temporary restraining order (TRO) in July to keep the hotline online until the dispute is resolved.
However, in an Aug. 18 filing, attorneys for the CCGNJ called for the court to immediately lift the TRO and order the NCPG to immediately cease and desist using 1-800-GAMBLER.
You had your chance, says CCGNJ
The CCGNJ asserted in the filing that the NCPG had the option to renew the license agreement as long as it gave the CCGNJ six months’ written notice before the initial term expired. The CCGNJ said it is “undisputed” that the NCPG never provided the required written notice, and argued that any NCPG use of 1-800-GAMBLER since May 31 is without notice and infringes upon CCGNJ’s intellectual property rights and operating rights.
In earlier court documents, the NCPG stated that it attempted to take up an option to extend the deal. The CCGNJ told SBC Americas on Aug. 14 that it made an offer to the council, which was rejected.
The CCGNJ also asserted in its Aug. 18 filing that there is no legal or factual basis for the TRO to be maintained, in part because the NCPG has not sufficiently evidenced that the restraining order is necessary to prevent irreparable harm.
Four days later, on Aug. 22, the NCPG responded in a filing that “there is no question that irreparable harm will occur if the status quo is not maintained,” as the scope of 1-800-GAMBLER’s current nationwide services would be limited if the NCPG had to surrender the service.
NCPG says scope of hotline has changed
CCGNJ Executive Director Luis Del Orbe told SBC Americas earlier this month that it intends to resume operating 1-800-GAMBLER for the foreseeable future, without the NCPG. However, the NCPG’s latest filing argued that things have changed since CCGNJ last ran the hotline solo, as the number now provides access to coordinated services in every U.S. state, meaning that running it to the desired standard requires far more resources.
“Put another way, 1-800-GAMBLER – as it exists today – is entirely different than the helpline that CCGNJ used to operate, and nothing in CCGNJ’s opposition demonstrates that it is able to operate the helpline at its present scale,” added the NCPG.
To arbitrate or not arbitrate?
The crux of the NCPG’s Aug. 22 response is that CCGNJ’s arguments opposing the TRO “entirely miss the point.” NCPG attorneys stressed that the court is not being asked to judge the merits of the two councils’ dispute, merely whether the now-expired license agreement entitles the NCPG to temporary injunctive relief while arbitration is pending.
The NCPG told SBC Americas on Aug. 13 that it filed a request with the American Arbitration Association (AAA), and that it believes the two councils are mandated to resolve the merits of their dispute through arbitration. The following day, the CCGNJ told SBC Americas that it will reject the request as invalid as, since the license agreement containing the arbitration provision has expired, arbitration is not mandatory.
SBC Americas reached out to both councils for comment on the latest developments. A spokesperson for the NCPG responded that its top priority remains unchanged: “Ensuring that anyone who reaches out to the National Problem Gambling Helpline receives timely, confidential and high-quality support.”
The two parties were due in court for a hearing that had already been rescheduled to Sept. 3, but that has now been pushed back to Sept. 22 because of health issues related to one of the members of counsel.
