The Tool Desk
Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →iTechGuides is reader-supported. When you buy through links on our site, we may earn an affiliate commission. As an Amazon Associate I earn from qualifying purchases. Learn more
A proposed lawsuit filed in Boston alleges DraftKings used AI to identify people likely to respond to gambling promotions, including people who had lost money. DraftKings denies using AI to target customers based on losses or signs of potential problem gambling. The allegations have not been established by a court or regulator in the sources reviewed.
What does the new DraftKings lawsuit allege?
WBUR reported on October 1, 2026, that Daniel Vest, a West Virginia resident, filed a proposed class action in U.S. District Court in Boston on September 30. The complaint alleges that DraftKings used an AI model to flag customers likely to respond to incentives to keep gambling. Vest says he received at least 70 promotional emails, texts, and other messages in one month. That number describes his allegation, not a verified company-wide practice or statistic. WBUR’s report
| # | Preview | Product | Price | |
|---|---|---|---|---|
| 1 |
|
Visa Virtual eGift Card | $206.95 | Buy on Amazon |
| 2 |
|
Visa Virtual eGift Card | $105.95 | Buy on Amazon |
| 3 |
|
Fanatics eGift Card - $100 - Standard | $100.00 | Buy on Amazon |
| 4 |
|
MGM Resorts eGift Card | $200.00 | Buy on Amazon |
| 5 |
|
Visa Virtual eGift Card | $28.95 | Buy on Amazon |
WBUR says the complaint draws on a New York Times investigation published in September 2026. As summarized by WBUR, former DraftKings employees told the Times the company used machine learning and AI to target losing gamblers with promotions encouraging further bets, while technology meant to identify customers at risk of gambling problems was stalled or squashed. DraftKings disputes the Times account. The allegations in the complaint and the former employees’ account are not court findings.
Quick wins for a faster PC:
Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Repair Windows errors before they cause bigger problemsFix Now →Scan for outdated or missing drivers - takes under a minuteDriver Scan →What has DraftKings said?
DraftKings 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.” Winslow added, “We intend to vigorously defend any potential lawsuits on the matter.”
#1 Best Overall
- Visa Virtual eGift Cards are designed for online use only. Gift Cards are subject to Terms and Conditions: a.co/5bw3qXJ
- When you access your Visa Virtual eGift Card for the first time, you’ll need to register your name, address, phone number, and email address via activationspot.com. These details should also be used as your billing address for online purchases, as many merchants require address verification for purchase authorization.
- This Visa Virtual eGift Card is non-reloadable. No cash or ATM access. Visa Virtual eGift Cards are emailed active.
- Funds do not expire but your Visa Virtual eGift Card has a ‘valid thru’ date (9 years from date of purchase). If funds remain after this date has passed, please call the Toll Free number found on your Visa Virtual eGift Card for a replacement card. A one-time purchase fee applies at the time of checkout.
- This item is not eligible for refund, resale, or return. Available for sale within the United States only. Not available to residents of Puerto Rico, Hawaii, New Mexico, South Dakota, West Virginia and the US Virgin Islands.
What are Massachusetts officials doing?
WBUR reported that the offices of Massachusetts Attorney General Andrea Campbell and State Auditor Diana DiZoglio reviewed the lawsuit. DiZoglio said, “These allegations are deeply concerning and, if substantiated, completely unacceptable.” Attorney General spokesperson Molly McGlynn said the allegations raised serious concerns about technology being used to target or exploit vulnerable consumers.
Massachusetts Gaming Commission chair Jordan Maynard reportedly said the commission would look into how DraftKings and other licensed sports betting companies use AI and would engage with DraftKings following the Times report. These are reported review and inquiry steps; they are not a reported formal finding, charge, or enforcement action. WBUR’s account of the lawsuit, statements, and inquiry is available here.
Rank #2
- Visa Virtual eGift Cards are designed for online use only. Gift Cards are subject to Terms and Conditions: a.co/5bw3qXJ
- When you access your Visa Virtual eGift Card for the first time, you’ll need to register your name, address, phone number, and email address via activationspot.com. These details should also be used as your billing address for online purchases, as many merchants require address verification for purchase authorization.
- This Visa Virtual eGift Card is non-reloadable. No cash or ATM access. Visa Virtual eGift Cards are emailed active.
- Funds do not expire but your Visa Virtual eGift Card has a ‘valid thru’ date (9 years from date of purchase). If funds remain after this date has passed, please call the Toll Free number found on your Visa Virtual eGift Card for a replacement card. A one-time purchase fee applies at the time of checkout.
- This item is not eligible for refund, resale, or return. Available for sale within the United States only. Not available to residents of Puerto Rico, Hawaii, New Mexico, South Dakota, West Virginia and the US Virgin Islands.
How does this differ from earlier DraftKings litigation?
DraftKings disclosed other addiction and promotions litigation in its June 30, 2026 SEC filing. Those matters predate the Vest case and are distinct from its AI-focused allegations.
| Case | Procedural status reported | Why it is separate |
|---|---|---|
| Pennsylvania addiction matter | The SEC filing says the district court dismissed the amended complaint’s claims with prejudice on March 23, 2026, except for one conversion claim transferred to state court. Plaintiffs appealed in April and filed an opening brief in July. | The reported claims and rulings concern earlier litigation, not a finding on the later AI allegations. |
| Macek II promotions case | The SEC filing says certain consumer-protection, intentional-misrepresentation, and unjust-enrichment claims would proceed after a motion to dismiss was denied in part. | This is a separate promotions case, not the Vest AI-focused suit. |
A March 23, 2026 memorandum in Macek v. DraftKings recounts plaintiffs’ allegations about the app, VIP hosts, and promotions. It granted DraftKings’ motion to dismiss the amended complaint’s claims, with one conversion claim transferred to state court. That procedural ruling is context about a different case, not proof of the new allegations. Read the memorandum. The company’s filing is available through the SEC.
Quick Recap
Best Value
- Visa Virtual eGift Cards are designed for online use only. Gift Cards are subject to Terms and Conditions: a.co/5bw3qXJ
- When you access your Visa Virtual eGift Card for the first time, you’ll need to register your name, address, phone number, and email address via activationspot.com. These details should also be used as your billing address for online purchases, as many merchants require address verification for purchase authorization.
- This Visa Virtual eGift Card is non-reloadable. No cash or ATM access. Visa Virtual eGift Cards are emailed active.
- Funds do not expire but your Visa Virtual eGift Card has a ‘valid thru’ date (9 years from date of purchase). If funds remain after this date has passed, please call the Toll Free number found on your Visa Virtual eGift Card for a replacement card. A one-time purchase fee applies at the time of checkout.
- This item is not eligible for refund, resale, or return. Available for sale within the United States only. Not available to residents of Puerto Rico, Hawaii, New Mexico, South Dakota, West Virginia and the US Virgin Islands.
Rank #4
- Redeemable at participating locations at MGM Resorts destinations.
- Redemption: Instore
- No returns and no refunds on gift cards.
Rank #3
- Fans come first in the world of sports. At Fanatics, we embody that in everything we do as we bring you the very best officially licensed sports apparel.
- Redemption: online
- No returns and no refunds on gift cards.
What is established—and what remains unresolved?
- Reported: A proposed class action was filed in Boston, and Vest alleges he received at least 70 promotional messages in one month.
- Disputed: The complaint and the former employees’ account, as summarized by WBUR, allege AI-assisted promotion targeting; DraftKings denies using AI to target people based on losses or potential problem-gambling indicators.
- Not established in the sources reviewed: A court or regulator finding that DraftKings used AI in the alleged way, a verified count of affected customers, or a company-wide measure of AI targeting or related gambling harm.
- Under review, according to WBUR: Massachusetts officials and the Gaming Commission have taken review or inquiry steps, but no final finding is reported.
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
