BOSTON, Nov. 4, 2026 /PRNewswire/ — Shapiro Haber & Urmy, LLP, a Boston-based boutique class action firm, is investigating valuable potential claims on behalf of consumers against DraftKings, for violating its terms of service and Massachusetts law, when it used artificial intelligence and machine-learning models to analyze its customer data to identify gamblers who were most likely to lose money or continue gambling, and then target those users with promotions, incentives, and notifications designed to encourage more betting, with the goal of increasing company revenue from those customers. 

Based upon its investigation, Shapiro Haber & Urmy, LLP, believes DraftKings developed a model that scored users based on how likely promotional offers would cause them to gamble more and lose more money, and targeted those gamblers with promotions. Instead of using customer data to promote responsible gaming, as DraftKings publicly promised, it used customer data to exploit behavioral vulnerabilities for profit. We believe that DraftKings’ exploitation of customer data for profit may have violated its Privacy Notices, which promised that that customer information would be used to assess whether patrons were gambling responsibly and to provide assistance when problematic behavior was detected. Instead, DraftKings used that same personal information to identify users who were especially responsive to gambling promotions, and then targeted them with additional inducements to continue wagering. We also believe that DraftKings’ conduct may have violated Massachusetts gaming regulations, which limits how sports-wagering operators may use patrons’ personally identifiable and confidential information and prohibits the use of AI, machine learning, computerized algorithms, or automated decision-making systems to promote wagers or promotional offers when those systems are known or reasonably expected to make gambling more addictive, and Massachusetts consumer protection law.

If you have received such promotional offers, including if you have been award VIP status, and lost money on the DraftKings platform, you may have a claim. To learn more, please contact Shapiro Haber & Urmy LLP at:

shu@shulaw.com | (617) 439-3939

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SOURCE Shapiro Haber & Urmy LLP