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
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.
2 responses on this page
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.
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.
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