On 28 April 2025, Federal Judge Madeline Cox Arleo handed down a controversial decision: the Borgata casino and its parent company, MGM Resorts International, are not legally obliged to prevent or interrupt the gambling activities of people suffering from addiction. The decision follows a complaint from Sam Antar, who described himself as a compulsive gambler who lost nearly $30 million in nine months between 2019 and 2020. Antar accused MGM of encouraging him to gamble despite knowing of his addiction, in particular by sending him more than 1,800 promotional messages in six months.
Gambling addiction does not create legal liability for casinos
In his complaint, Antar claimed that MGM‘s VIP programme had encouraged him to continue gambling, pointing out that the company’s hosts had sent him more than 1,800 messages offering bonuses and benefits to encourage him to gamble more on MGM’s online sites, such as BetMGM and Borgata Online. He argued that this strategy was designed to take advantage of his addiction.
Judge Arleo found that while New Jersey has regulations governing the responsibilities of casinos to compulsive gamblers, there is no law requiring casinos to actively prevent or discourage compulsive gamblers. She also pointed out that similar cases had been dismissed in other states, such as Indiana.
While some believe that casinos should have a duty of care towards these vulnerable customers, current legislation does not impose such a duty.
MGM promotions found not fraudulent or misleading
The court also ruled that New Jersey’s Casino Control Act provides rules to protect the gambling industry while ensuring consumer protection, but does not create a duty of care to those unable to stop gambling. Antar’s lawyers tried to compare MGM’s marketing to the deliberate sale of harmful products, but the judges rejected this analogy, stating that Antar had chosen to gamble and that the offers he had received were simply advertisements, not deceptions.
The court also dismissed his claim under New Jersey’s consumer fraud statute, stating that he had not shown that MGM had acted illegally or fraudulently. The judges found no evidence that the promotional messages he had received were dishonest in nature or meaning.
Antar also claimed that MGM’s services were worthless because of his compulsive behaviour, arguing that, as an addict, he was certain to lose. The court described this claim as ingenious but unconvincing, ruling that even when a customer loses a bet, they still receive the entertainment they paid for.
A legal past that complicates matters
Sam Antar’s personal history adds a layer of complexity to this case. The nephew of Eddie Antar, founder of the ‘Crazy Eddie’ chain of electronics shops convicted of fraud, Sam Antar has himself been involved in a number of legal cases. In 2013, he was sentenced to 21 months in prison for a $225,000 fraud. In 2022, he was convicted of theft by deception involving nearly $350,000. In 2023, he admitted committing federal securities fraud, serving four months in prison and being forced to reimburse the victims.
Currently at liberty under an intensive surveillance programme, Antar claims to informally advise young people with gambling problems.
Duty of care in Belgian casinos
While the Antar affair has reignited the debate in the United States, Belgium has adopted a more rigorous approach to protecting vulnerable gamblers. The duty of care is governed by the Gaming Commission (GC), which imposes a series of specific obligations on online and in-person gambling operators designed to prevent gambling addiction.
In Belgium, casinos are legally obliged to actively monitor the behaviour of their customers. When a player shows signs of addiction – excessive frequency of visits, large losses, impulsive behaviour – operators must intervene. In contrast to the legal vagueness seen in the United States, Belgian law specifies that operators can be held liable if they fail to meet their obligations of vigilance. Fines, licence withdrawals and even legal action are possible in the event of non-compliance.