A proposed class action filed in federal court in Boston alleges DraftKings used AI-assisted customer targeting to send gambling promotions to people likely to respond. DraftKings denies using AI to target customers based on losses or signs of problem gambling. The allegations have not been proven, and no court finding is reported.
What does the lawsuit allege?
West Virginia resident Daniel Vest filed the proposed class action against DraftKings in U.S. District Court in Boston, according to WBUR and MassLive. The complaint alleges the sportsbook used AI or machine-learning models to identify customers likely to respond to gambling incentives and then targeted them with promotions intended to encourage additional betting.
Vest alleges he gambled thousands of dollars on DraftKings and received at least 70 promotional emails, texts and other messages in one month. MassLive describes the period as late August through September 25. Those details are allegations about Vest’s experience, not independently verified delivery figures or evidence about every DraftKings customer.
The complaint reportedly draws heavily on a New York Times investigation of DraftKings’ customer data and promotional targeting. It characterizes the alleged conduct as a way to exploit customer vulnerabilities; that is the plaintiff’s claim, not an established conclusion.
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What does DraftKings say?
DraftKings denies using AI to target customers based on losses or indicators of potential problem gaming. Spokesperson Park Winslow told WBUR: “DraftKings does not use AI to target customers based on losses, nor do we use AI to target customers based on indicators of potential problem gaming.” The company said it intended to defend potential lawsuits.
The complaint’s account and the company’s denial are competing positions. The available reporting does not establish which account is correct.
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What rule is at the center of the dispute?
MassLive reports that Massachusetts sports-wagering rules prohibit operators from using personal or confidential customer information to promote specific wagers or offers through an AI or machine-learning system the operator knows or reasonably expects will make its platform more addictive. The complaint alleges the marketing practices violated that rule and that customers were not informed about this use of AI.
Whether DraftKings’ alleged conduct falls under the rule, or violated it, has not been determined in the reporting. The rule’s relevance is the plaintiff’s legal theory, not a finding by a court or regulator.
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What is the plaintiff asking the court to do?
Vest seeks to represent himself and other customers who allegedly received similar promotions. The complaint requests:
- Certification of a class of affected customers.
- Damages and return of money allegedly obtained through the challenged practices.
- An injunction barring further AI-targeted messages or incentives.
These are requested remedies, not damages awarded or restrictions ordered by a court. The matching complaint and a reliable current docket entry were not confirmed in the reporting reviewed; a case number, assigned judge, precise pleaded counts and later procedural developments therefore remain unverified.
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How are Massachusetts officials responding?
Attorney General Andrea Campbell’s office and State Auditor Diana DiZoglio reviewed the lawsuit, WBUR reports. Campbell spokesperson Molly McGlynn said the allegations “raise serious concerns about the potential use of technology to target or exploit consumers, particularly those who may be vulnerable to problem gambling or gambling addiction.” DiZoglio said the allegations were “deeply concerning and, if substantiated, completely unacceptable,” and pointed to state gaming revenue as a reason for oversight and accountability.
Massachusetts Gaming Commission chair Jordan Maynard reportedly said the agency would look into how DraftKings and other sports betting companies use AI and would engage with DraftKings over the allegations. The commission declined to comment on pending litigation. WBUR also reported that a 2025 audit by DiZoglio criticized the commission’s oversight of sports-betting marketing to customers. Officials’ concerns and the reported review do not establish that DraftKings broke the law.
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What do the reported business figures show?
MassLive’s 2026 account of the New York Times reporting describes a DraftKings executive statement that promotion-driven sports bets improved margins by 13% in 2025. It also reports that hundreds of millions of dollars in promotional spending were personalized using AI, citing the Times and Citizens Bank research. These reported figures provide context for the business interest in promotions; they are not audited findings in the cited reporting and do not prove the lawsuit’s allegations.
Where can someone get gambling support in Massachusetts?
MassLive lists the Massachusetts Problem Gambling Helpline at 1-800-327-5050 and GameSense as support resources. Anyone concerned about their own gambling or someone else’s can contact the helpline for assistance.
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