Massachusetts Lawsuit Claims DraftKings Used AI to Target “Problem Gamblers”

Ryan J. Farrick — October 1, 2026

A gavel. Image via Wikimedia Commons via Flickr/user: Brian Turner. (CCA-BY-2.0).

A spokesperson for Massachusetts Attorney General Andrea Campbell said that the lawsuit appears to raise important questions about DraftKings’ alleged use of artificial intelligence.

A proposed class-action lawsuit accuses sports-betting company DraftKings of using artificial intelligence to send targeted advertisements to people with gambling problems.

According to WBUR, the lawsuit was filed Wednesday in U.S. District Court in Boston.

The plaintiff in the case, a West Virginia man who gambled thousands with DraftKings over the course of several years, says that he was drawn to the service after being “inundated” with more than 70 emails, text messages, and other promotional materials, all of which were allegedly received within the course of a single month.

The plaintiff, identified in court documents as Daniel Vest, says that he wants to represent himself and other DraftKings users who were flagged by the company’s AI model as likely responsive to gambling promotions. The lawsuit accuses DraftKings of violating Massachusetts law by not informing customers that it was using AI in this manner.

DraftKings, for its part, denies the allegations, saying that it does not and has not used artificial intelligence to target problem gamblers.

“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,” spokesperson Park Winslow told WBUR. “We intend to vigorously defend any potential lawsuits on the matter.”

Gambling marquee; image by Joel Kramer, via Flickr, CC BY 2.0, no changes.

The lawsuit, however, repeatedly cites a New York Times investigative piece published last month. The article, which featured interviews with former DraftKings staffers, suggests that the company uses machine learning and artificial intelligence to “target losing gamblers with promotions that encourage more betting.” At the same time, DraftKings purportedly “stalled or squashed” similar tools that could’ve been used to identify customers at-risk of gambling addiction.

A spokesperson for Massachusetts Attorney General Andrea Campbell said that the lawsuit appears to raise important questions about DraftKings’ alleged use of artificial intelligence.

“The allegations raise serious concerns about the potential use of technology to target or exploit consumers, particularly those who may be vulnerable to problem gambling or gambling addiction,” Campbell’s office told WBUR.

The lawsuit and the New York Times article appear to encouraged other state officials to take action. At a recent Massachusetts Gaming Commission meeting, for instance, the agency’s chairman ordered staff to investigate how online betting platforms u se artificial intelligence.

In a statement to the Boston Globe, Gaming Commission spokesperson Thomas Mills said that the agency needs to conduct its own investigation before jumping to conclusions.

“The New York Times does a very god job of reporting and checking their facts,” Mills said. “But, as a government agency, we need to do some fact-finding on the ground. We’ll start with a conversation.”