West Virginia resident Daniel Vest has filed a proposed class‑action lawsuit in the U.S. District Court in Massachusetts, accusing online sportsbook and casino DraftKings of using artificial intelligence to single out gamblers deemed most likely to keep betting. Vest says the suit seeks to represent a nationwide class of users who were allegedly flagged by DraftKings’ AI model as “elastic” and then bombarded with additional emails, text messages and app notifications encouraging further wagering.
Allegations and background
The complaint cites a recent New York Times investigation that reported DraftKings spent several years analyzing player behavior, including the likelihood that a user would stop gambling and their susceptibility to promotional offers. According to the lawsuit, the company’s AI model classified certain users as “elastic” – a label the plaintiff says indicates a higher probability of being persuaded by incentives.
Vest, who has wagered “thousands of dollars” on DraftKings over multiple years, claims he received an “inundation” of promotional messages. He estimates he received roughly 70 messages in the 30‑day period ending September 25, all of which he says were designed to keep him betting.
Legal claims
The complaint alleges DraftKings violated its contractual obligations and Massachusetts law, describing the practice as “both unfair and deceptive.” It also asserts that the company’s actions run counter to its publicly stated “commitment to responsible play” and its promises to ensure users gamble responsibly.
Vest is seeking class certification, monetary damages, disgorgement of any profits derived from the alleged AI‑targeted promotions, and an injunction prohibiting DraftKings from using the model to target users with additional gambling offers.
DraftKings’ response
In a statement provided to sister station WCVB, a DraftKings spokesperson denied the allegations. “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 spokesperson said. “We intend to vigorously defend any potential lawsuits on the matter.”
Context and implications
The lawsuit arrives at a time when regulators and consumer‑advocacy groups are increasingly scrutinizing the use of advanced data‑analytics tools in the gambling industry. While the complaint focuses on alleged AI‑driven targeting, DraftKings maintains that its promotional practices comply with applicable laws and its own responsible‑gaming policies.
Legal experts note that class‑action certification will depend on whether the court finds common questions of law and fact among the alleged class members. If certified, the case could set a precedent for how gambling operators may employ AI in marketing and whether such practices constitute unfair or deceptive conduct under state law.
What’s next?
The case is still in its early stages, and no court ruling has been issued on the merits or on class certification. Both parties are expected to file additional briefs and evidence as the litigation proceeds.
Original reporting: 40/29 / KHBS (NW Arkansas) — read the source article.
