Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
EFF and Senator Richard Blumenthal call DraftKings' alleged AI promotion targeting exploitative. The company denies targeting customers based on losses or gambling-risk indicators. Massachusetts regulators are reviewing operators' AI use.
Claim in dispute
DraftKings' AI-selected promotions exploit customers' gambling vulnerability for profit.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
The dispute follows a September investigation into how DraftKings selects customers for promotions and whether its safeguards prevent gambling harm. EFF argues that targeting customers expected to lose more can exploit people with gambling problems. DraftKings disputes the targeting allegations.
Expected losses and gambling addiction are distinct questions. Losing money does not by itself establish a gambling disorder, and a promotion model optimized for revenue is not necessarily a model that identifies addiction.
Massachusetts regulators announced a review of operators' AI use. The question is whether the alleged marketing exploits vulnerability and whether the company's safeguards address that risk. A review or lawsuit does not settle those questions.
People in this case
Jason RobinsDirectly involved
Diana DiZoglioCommented
Marc LevineCommented
Richard BlumenthalCommented
Timeline
5 timeline entries on this page. Dates: September 14, 2026 to September 30, 2026
September 2026
5 events
DraftKings announces customer controls before the investigation
Source release
DraftKings announces gambling-risk education and custom cool-off periods. The release describes its stated approach to customer protection.
[01]DraftKings announces responsible-engagement tools
Company announcement describing customer controls and gambling-risk education before the September investigation. It establishes the company's stated safeguards, not their effectiveness.
DraftKings announces responsible-engagement tools · DraftKingsGamalyze American Football and custom cool-off sections.EFF criticizes AI promotion targeting
Reaction
EFF responds to the September investigation by arguing that targeted promotions profit from gambling vulnerability. It calls for a ban on behavioral advertising.
[02]EFF criticizes DraftKings' AI promotion targeting
EFF argues that promotion targeting profits from gambling vulnerability and calls for a ban on behavioral advertising. Its account draws on the Times investigation.
EFF criticizes DraftKings' AI promotion targeting · Electronic Frontier FoundationParagraph on re-engaging problem gamblers through targeted promotions.Massachusetts regulators announce a review of AI use
Commission chair Jordan Maynard asks staff to contact DraftKings about the reporting and examine operators' AI use. Further action remains undecided.
[03]Massachusetts regulators announce review of operators' AI use
Contemporaneous meeting coverage records Maynard's request for staff to contact DraftKings and review operators' AI use. Further action remained undecided.
Massachusetts regulators announce review of operators' AI useJordan Maynard's remarks during the September 24 meeting; section on further action.[04]Massachusetts Gaming Commission September 24 meeting notice
Official notice for the September 24 public meeting. The notice establishes the meeting date; reporting supplies the AI-review remarks.
Massachusetts Gaming Commission September 24 meeting noticeMeeting date and links to agenda and meeting materials.Robins rejects the targeting allegations at TheGrill
Reaction
Robins denies targeting people with gambling problems during TheWrap's conference interview. The Times replies that its investigation accurately represented the evidence and included company comment.
[05]Robins rejects DraftKings AI-targeting allegations at TheGrill
TheWrap reports its own conference interview. Robins denies targeting problem gamblers and describes safeguards. The Times replies that its investigation included extensive company comment.
Robins rejects DraftKings AI-targeting allegations at TheGrillSharon Waxman's question asking Robins to identify an inaccurate claim; his answer and subsequent safeguard discussion.Vest files a proposed class action
Daniel Vest files a Boston federal lawsuit alleging undisclosed AI promotion targeting.
[06]WBUR: DraftKings lawsuit and responses
Original lawsuit reporting with directly attributed company and state responses. The complaint's allegations are not court findings.
WBUR: DraftKings lawsuit and responsesDaniel Vest filing; statements from Park Winslow, Molly McGlynn and Diana DiZoglio.
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
DraftKings' AI-selected promotions exploit customers' gambling vulnerability for profit.
Electronic Frontier Foundation
Sources (1)
- EFF criticizes DraftKings' AI promotion targeting · Electronic Frontier FoundationParagraph on re-engaging problem gamblers through targeted promotions.
Disputed claim
DraftKings does not build models to target customers with problem-gambling issues for additional promotions.
Sources (1)
- Robins rejects DraftKings AI-targeting allegations at TheGrillSharon Waxman's question asking Robins to identify an inaccurate claim; his answer and subsequent safeguard discussion.
Response record
Responses
Latest recorded positions: 15. Dates: September 19, 2026 to October 1, 2026
Choose one response filter, or select All responses to see the full record.
16 responses on this page
Diana DiZoglio"if substantiated, completely unacceptable"
Mixed or conditionalCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
DiZoglio says the allegations are concerning and unacceptable if substantiated.
Role at the time: Massachusetts state auditor
Before the statement
Her office has reviewed the lawsuit.
After the statement
She calls for oversight despite gambling revenue.
WBUR: DraftKings lawsuit and responsesDaniel Vest filing; statements from Park Winslow, Molly McGlynn and Diana DiZoglio.Why this label?
Her criticism of alleged targeting expressly depends on substantiation.
This label describes the statement's response within the context above.
DraftKingsDirectly involved "DraftKings does not use AI to target customers based on losses"
DeniedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
DraftKings denies AI targeting based on losses or problem-gambling indicators.
Role at the time: Company, through spokesperson Park Winslow
Before the statement
WBUR seeks a response to Vest's lawsuit.
After the statement
Winslow says DraftKings will defend litigation.
WBUR: DraftKings lawsuit and responsesDaniel Vest filing; statements from Park Winslow, Molly McGlynn and Diana DiZoglio.Why this label?
The company denies the alleged conduct rather than justifying it.
This label describes the statement's response within the context above.
Massachusetts Attorney General's Office "allegations raise serious concerns"
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
The office criticizes potential technology-driven exploitation of vulnerable gamblers.
Role at the time: Office, through spokesperson Molly McGlynn
Before the statement
The office has reviewed the lawsuit.
After the statement
Its concerns address gambling vulnerability and addiction.
WBUR: DraftKings lawsuit and responsesDaniel Vest filing; statements from Park Winslow, Molly McGlynn and Diana DiZoglio.Why this label?
It criticizes alleged exploitation without finding that misconduct occurred.
This label describes the statement's response within the context above.
Stop Predatory Gambling "the Massachusetts Gambling Commission downplayed DraftKings' predatory AI model designed to target addicted gamblers."
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Stop Predatory Gambling calls DraftKings' model predatory and accuses Massachusetts regulators of downplaying it.
Role at the time: Gambling-policy advocacy organization
Before the statement
Stop Predatory Gambling posted a clip of the Massachusetts commission's discussion of the DraftKings investigation.
After the statement
The organization criticized both the AI model and the commission's response.
Stop Predatory Gambling criticizes Massachusetts regulators' response · Stop Predatory GamblingWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. Criticizes both the alleged model and the regulator's response; the model itself remains explicitly condemned.
This label describes the statement's response within the context above.
Jason RobinsDirectly involved"We don’t try to target them and give them more promotions to spend more."
DeniedResponding to: DraftKings does not build models to target customers with problem-gambling issues for additional promotions.
Read more
Robins rejects the allegation that DraftKings builds models to target people with gambling problems. He says its systems instead trigger warnings, limits and account restrictions.
Role at the time: DraftKings co-founder and chief executive officer, interviewed at TheGrill
Before the statement
Sharon Waxman asks Robins to identify something inaccurate in the Times investigation. He rejects its description of models targeting problem gamblers.
After the statement
Robins says DraftKings replaced an ineffective model and has a responsible-gaming team. The Times responds that its reporting included extensive company comment.
Robins rejects DraftKings AI-targeting allegations at TheGrillSharon Waxman's question asking Robins to identify an inaccurate claim; his answer and subsequent safeguard discussion.Why this label?
Robins says the alleged targeting does not occur. That is a denial of conduct, not an argument that targeting vulnerable gamblers would be justified.
This label describes the statement's response within the context above.
Jon Schweppe "find the biggest losers, i.e. the problem gamblers, and take ‘em for all they’ve got."
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Jon Schweppe accuses DraftKings of using AI to extract money from problem gamblers and calls for congressional and consumer-protection enforcement.
Role at the time: Founder of Populist Solutions
Before the statement
Schweppe's article cited the September 19 Times investigation and separately discussed ProPublica's reporting on VIP gambling programs.
After the statement
Schweppe called for congressional scrutiny and enforcement by consumer-protection authorities.
DraftKings Is Lying To You About Pretty Much Everything · Jon SchweppeWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. Explicit critical interpretation and enforcement argument target the alleged exploitation.
This label describes the statement's response within the context above.
Show fewer responses
Pamela Mishkin "The HF agents aren't so different from the systems DraftKings uses to target vulnerable people."
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Pamela Mishkin treats DraftKings' targeting of vulnerable people as an example of present AI harm and calls for developer liability.
Role at the time: Artificial-intelligence researcher
Before the statement
Mishkin discussed present AI harms alongside risks from rogue agents and identified DraftKings' targeting of vulnerable people as an example.
After the statement
Mishkin called for public input into model alignment and liability for AI developers.
Pamela Mishkin identifies DraftKings' targeting as AI harm · Pamela MishkinWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. Her full post evaluates the named targeting as harm and argues developers should be liable; it is not bare reporting.
This label describes the statement's response within the context above.
Marc Levine"predatory behavior of targeting betting losers with AI. It's like marketing liquor to alcoholics."
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Marc Levine calls AI targeting of losing bettors predatory and urges restrictions on gambling advertising and sponsorships.
Role at the time: Former California State Assembly member
Before the statement
Levine shared the Times' follow-up on Massachusetts regulators' response to the DraftKings investigation.
After the statement
Levine urged restrictions on gambling advertising and sponsorships.
Marc Levine calls targeting losing bettors predatory · Marc LevineWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. Explicit predatory evaluation and alcohol-addiction comparison criticize the conduct.
This label describes the statement's response within the context above.
Electronic Frontier Foundation "DraftKings is capitalizing on their vulnerability for profit instead of mitigating their risk."
CondemnedResponding to: DraftKings' AI-selected promotions exploit customers' gambling vulnerability for profit.
Read more
EFF criticizes the alleged targeting as harmful behavioral advertising and argues for banning personalized behavioral ads.
Role at the time: Digital civil-liberties organization, in an article by Devanshi Nishar
Before the statement
The article says people experiencing problem gambling are likely to be reached by a model seeking customers who lose and respond to promotions.
After the statement
EFF argues that restrictions on third-party data sharing would not prevent this use of customer data and calls for banning behavioral ads.
EFF criticizes DraftKings' AI promotion targeting · Electronic Frontier FoundationParagraph on re-engaging problem gamblers through targeted promotions.Why this label?
EFF criticizes the alleged promotion targeting itself as exploitation of gambling vulnerability. Its proposed advertising ban is a remedy, not a defense of that conduct.
This label describes the statement's response within the context above.
Richard Blumenthal"They relentlessly foster addiction & relapse. Let’s pass my SAFE Bet Act to ban this AI exploitation outright."
CondemnedResponding to: DraftKings' AI-selected promotions exploit customers' gambling vulnerability for profit.
Read more
Blumenthal says sportsbooks including DraftKings use AI to target vulnerable and problem gamblers. He urges Congress to ban that practice through the SAFE Bet Act.
Role at the time: U.S. senator from Connecticut
Before the statement
Blumenthal identifies DraftKings as an example of sportsbooks that he says rank and target vulnerable and problem gamblers with AI.
After the statement
He links the Times investigation and calls for passage of the SAFE Bet Act.
Blumenthal calls for banning AI gambling exploitation · Richard BlumenthalOriginal post dated September 23, 2026, linking the DraftKings investigation.Why this label?
Blumenthal calls the alleged targeting exploitation and says it promotes addiction and relapse. This directly criticizes the conduct under scrutiny.
This label describes the statement's response within the context above.
Jeff Edelstein "but I don’t see why this behavior is uniquely scandalous."
Defended or excusedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Jeff Edelstein argues that DraftKings should not be held to a higher moral standard than other businesses marketing potentially harmful products.
Role at the time: InGame columnist
Before the statement
Edelstein's column considered the Times' account of DraftKings' promotional targeting and compared it with marketing by other businesses.
After the statement
Edelstein said he disliked the practice but argued that holding gambling companies to a higher standard than other businesses selling potentially harmful products was wrong.
Why this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. He excuses the reported practice through a substantive ordinary-business and equal-standards argument. Discomfort is retained as context, not a materially conditional conclusion. This is more than merely disputing a headline.
This label describes the statement's response within the context above.
Stop Predatory Gambling "DraftKings weaponized AI to optimize its $3 billion promotional budget, targeting vulnerable addicts to drive company growth."
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Stop Predatory Gambling accuses DraftKings of using AI to direct promotions toward vulnerable gamblers.
Role at the time: Gambling-policy advocacy organization
Before the statement
Stop Predatory Gambling cited the Times investigation into DraftKings' promotional targeting.
After the statement
The organization described the reported targeting of vulnerable gamblers as weaponizing AI.
Stop Predatory Gambling criticizes DraftKings' AI promotions · Stop Predatory GamblingWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. Its own description of weaponizing AI against vulnerable gamblers criticizes the conduct.
This label describes the statement's response within the context above.
Melanie D'Arrigo "DraftKings is using AI to find and exploit users with gambling addictions to boost their profits."
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Melanie D'Arrigo accuses DraftKings of exploiting gambling addiction for profit and says the practice should be illegal.
Role at the time: Executive director of the Campaign for New York Health
Before the statement
D'Arrigo shared the Times investigation into DraftKings' use of AI to direct promotions toward gamblers.
After the statement
D'Arrigo said the practice should be illegal and criticized using innovation to enrich billionaires.
Melanie D'Arrigo calls AI targeting exploitation · Melanie D'ArrigoWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. Explicit criticism of exploitation and demand for prohibition establish rejection of the practice.
This label describes the statement's response within the context above.
Peg O'Connor "On a moral level, it is deeply exploitative"
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Peg O'Connor calls DraftKings' reported targeting deeply exploitative and criticizes placing responsibility for addiction entirely on gamblers.
Role at the time: Philosophy professor and author
Before the statement
O'Connor's essay examined the Times investigation and the use of AI to target promotions.
After the statement
O'Connor argued that DraftKings' design choices undercut an account of addiction that places responsibility entirely on individual gamblers.
Why this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. Explicit moral criticism of the reported targeting. Her observation that it makes economic sense does not endorse its acceptability.
This label describes the statement's response within the context above.
Christo Aivalis "But 1 practical way to punish these fuckers would be to regulate them as utilities"
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
Christo Aivalis calls for gambling operators to be regulated as utilities and prohibited from banning winning players.
Role at the time: Historian and political commentator
Before the statement
Aivalis replied to David Moscrop's demand for punishment in response to the Times investigation.
After the statement
Aivalis proposed utility-style regulation and a ban on operators excluding winning players.
Christo Aivalis calls for punishment and utility-style regulation · Christo AivalisWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. His own punitive evaluation applies to the reported DraftKings conduct. The policy proposal is not the sole basis for condemnation.
This label describes the statement's response within the context above.
David Moscrop "Lock them up and forget they exist."
CondemnedCase context: Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
Read more
David Moscrop calls for imprisonment in response to the Times' account of DraftKings targeting losing gamblers.
Role at the time: Author and political commentator
Before the statement
Moscrop quote-posted the New York Times account of DraftKings directing promotions toward losing gamblers.
After the statement
Moscrop responded by calling for imprisonment.
David Moscrop responds to the DraftKings investigation · David MoscropWhy this label?
Reference point: DraftKings' alleged use of AI-targeted promotions to exploit vulnerable gamblers. The demand for punishment expresses rejection of the reported conduct.
This label describes the statement's response within the context above.
Sources
(17)
Interview
Robins rejects DraftKings AI-targeting allegations at TheGrill
Relevant passage: Sharon Waxman's question asking Robins to identify an inaccurate claim; his answer and subsequent safeguard discussion.
About this source
TheWrap reports its own conference interview. Robins denies targeting problem gamblers and describes safeguards. The Times replies that its investigation included extensive company comment.
- Author
- Umberto Gonzalez
- Published
- Accessed
Original post
Stop Predatory Gambling criticizes Massachusetts regulators' response
About this source
Stop Predatory Gambling posted a clip of the Massachusetts commission's discussion of the DraftKings investigation. The organization criticized both the AI model and the commission's response.
- Author
- Stop Predatory Gambling
- Published
- Accessed
Original post
DraftKings Is Lying To You About Pretty Much Everything
About this source
Schweppe's article cited the September 19 Times investigation and separately discussed ProPublica's reporting on VIP gambling programs. Schweppe called for congressional scrutiny and enforcement by consumer-protection authorities.
- Author
- Jon Schweppe
- Published
- Accessed
Original post
Pamela Mishkin identifies DraftKings' targeting as AI harm
About this source
Mishkin discussed present AI harms alongside risks from rogue agents and identified DraftKings' targeting of vulnerable people as an example. Mishkin called for public input into model alignment and liability for AI developers.
- Author
- Pamela Mishkin
- Published
- Accessed
Original post
Marc Levine calls targeting losing bettors predatory
About this source
Levine shared the Times' follow-up on Massachusetts regulators' response to the DraftKings investigation. Levine urged restrictions on gambling advertising and sponsorships.
- Author
- Marc Levine
- Published
- Accessed
Analysis
Jeff Edelstein disputes treating DraftKings' marketing as uniquely scandalous
About this source
Edelstein's column considered the Times' account of DraftKings' promotional targeting and compared it with marketing by other businesses. Edelstein said he disliked the practice but argued that holding gambling companies to a higher standard than other businesses selling potentially harmful products was wrong.
- Author
- Jeff Edelstein
- Published
- Accessed
Analysis
AI Helps DraftKings to Exploit the Most Vulnerable Gamblers
About this source
O'Connor's essay examined the Times investigation and the use of AI to target promotions. O'Connor argued that DraftKings' design choices undercut an account of addiction that places responsibility entirely on individual gamblers.
- Author
- Peg O'Connor
- Published
- Accessed
Original post
Stop Predatory Gambling criticizes DraftKings' AI promotions
About this source
Stop Predatory Gambling cited the Times investigation into DraftKings' promotional targeting. The organization described the reported targeting of vulnerable gamblers as weaponizing AI.
- Author
- Stop Predatory Gambling
- Published
- Accessed
Original post
Melanie D'Arrigo calls AI targeting exploitation
About this source
D'Arrigo shared the Times investigation into DraftKings' use of AI to direct promotions toward gamblers. D'Arrigo said the practice should be illegal and criticized using innovation to enrich billionaires.
- Author
- Melanie D'Arrigo
- Published
- Accessed
Original post
Christo Aivalis calls for punishment and utility-style regulation
About this source
Aivalis replied to David Moscrop's demand for punishment in response to the Times investigation. Aivalis proposed utility-style regulation and a ban on operators excluding winning players.
- Author
- Christo Aivalis
- Published
- Accessed
Original post
David Moscrop responds to the DraftKings investigation
About this source
Moscrop quote-posted the New York Times account of DraftKings directing promotions toward losing gamblers. Moscrop responded by calling for imprisonment.
- Author
- David Moscrop
- Published
- Accessed
Original post
Blumenthal calls for banning AI gambling exploitation
About this source
Blumenthal criticizes DraftKings' alleged targeting of vulnerable gamblers and urges passage of the SAFE Bet Act.
- Author
- Richard Blumenthal
- Published
- Accessed
Official statement
Massachusetts Gaming Commission September 24 meeting notice
Relevant passage: Meeting date and links to agenda and meeting materials.
About this source
Official notice for the September 24 public meeting. The notice establishes the meeting date; reporting supplies the AI-review remarks.
- Published
- Accessed
Reporting
Massachusetts regulators announce review of operators' AI use
Relevant passage: Jordan Maynard's remarks during the September 24 meeting; section on further action.
About this source
Contemporaneous meeting coverage records Maynard's request for staff to contact DraftKings and review operators' AI use. Further action remained undecided.
- Author
- Corey Sharp
- Published
- Accessed
Official statement
DraftKings announces responsible-engagement tools
Relevant passage: Gamalyze American Football and custom cool-off sections.
About this source
Company announcement describing customer controls and gambling-risk education before the September investigation. It establishes the company's stated safeguards, not their effectiveness.
- Published
- Accessed
Reporting
WBUR: DraftKings lawsuit and responses
Relevant passage: Daniel Vest filing; statements from Park Winslow, Molly McGlynn and Diana DiZoglio.
About this source
Original lawsuit reporting with directly attributed company and state responses. The complaint's allegations are not court findings.
- Author
- Patrick Madden
- Published
- Accessed
Analysis
EFF criticizes DraftKings' AI promotion targeting
Relevant passage: Paragraph on re-engaging problem gamblers through targeted promotions.
About this source
EFF argues that promotion targeting profits from gambling vulnerability and calls for a ban on behavioral advertising. Its account draws on the Times investigation.
- Author
- Devanshi Nishar
- Published
- Accessed
Cite this record
- Publisher
- The Dispute Index
- Title
- Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/draftkings-ai-targeted-promotions-vulnerable-gamblers
The Dispute Index. "Are DraftKings' AI-targeted promotions exploiting vulnerable gamblers?". First published: 2026-10-02. Last updated: 2026-10-02. https://disputeindex.com/cases/draftkings-ai-targeted-promotions-vulnerable-gamblers