DraftKings has advised members of Congress that its VIP and rewards packages don’t goal clients exhibiting indicators of drawback playing or determine bettors probably to lose in order to encourage further wagering.
The firm made the statements in a six-page response to an October 22 inquiry from Sen. Richard Blumenthal and Reps. Paul Tonko and Valerie Foushee, who requested particulars about VIP practices and accountable playing measures.
“DraftKings does not target anyone based on indicators of potential problem gambling nor does it seek to identify customers most likely to lose and get them to bet more,” the corporate wrote.
The response additionally addressed how VIP hosts work together with clients and the way DraftKings makes use of know-how when deciding on promotions.
VIP Hosts Face Responsible Gambling Requirements
DraftKings mentioned clients on self-exclusion or involuntary exclusion lists don’t obtain promotions. Promotional communications are additionally suspended throughout cooling-off intervals and for an extra interval after clients return.
VIP hosts should refer clients exhibiting indicators of drawback playing to the corporate’s Responsible Engagement Team, with disaster circumstances receiving precedence.
Hosts are additionally required to randomly choose 10 clients every month for accountable playing critiques. The checks embrace questions on whether or not clients are playing “within their means,” whether or not betting impacts different elements of their lives and whether or not they nonetheless view playing as leisure. Failure to finish the critiques can have an effect on compensation.
Fewer than 1% of DraftKings clients belong to its Diamond and Onyx loyalty tiers, the place members can obtain private hosts and individualized incentives.
The firm mentioned individuals make selections about these promotions quite than automated methods.
DraftKings additionally addressed the usage of personalised movies. It mentioned it “does not rely on personalized content from professional athletes or major celebrities as an incentive” and was conscious of just one Cameo despatched to a buyer.
DraftKings Rejects AI Targeting Claims
The firm denied utilizing AI to determine clients prone to lose cash or these exhibiting indicators of playing issues.
“DraftKings does not use AI to identify the customers most likely to lose and get them to bet more, nor does DraftKings use AI to target customers based on indicators of potential problem gaming. DraftKings uses data science and machine learning, not generative or agentic AI, to target promotions based on customer preferences, a basic marketing practice.”
The problem has drawn consideration following a September New York Times investigation primarily based on inside paperwork and interviews with former workers. The report alleged that DraftKings used machine-learning fashions to determine clients seemingly to reply to promotions by playing and shedding extra.
DraftKings has disputed that characterization and says it doesn’t use AI to focus on clients primarily based on losses or indicators of potential drawback playing.
The Massachusetts Gaming Commission has individually requested licensed operators about their use of AI.
DraftKings declined to reveal the common beneficial properties or losses of rewards program members, calling the knowledge “competitively sensitive.”
It as a substitute pointed to My Stat Sheet, which permits clients to evaluation deposits, wagers, wins and losses. Nearly half of DraftKings clients accessed the device inside a 12 months of its March 2024 launch.
According to InGame, the corporate additionally defined the aim of its VIP hosts.
“DraftKings hosts primary goals consist of creating an engaging experience that encourages long-term retention and ensuring customers choose DraftKings over competitor platforms. DraftKings does train hosts to forge and cultivate positive customer-service relationships with our most engaged customers to help deliver a world-class experience.”
Congressional Pressure Continues
The inquiry types a part of a broader push by some lawmakers for stronger federal involvement in sports activities betting oversight.
Blumenthal and Tonko have backed the SAFE Bet Act, a federal sports-betting requirements proposal that was reintroduced in the present Congress in 2025. The proposal contains restrictions on playing promoting throughout stay sporting occasions, affordability checks and a requirement for states to acquire federal approval earlier than providing authorized sports activities betting.
The proposal has not superior into legislation and continues to face opposition from elements of the playing business.
Sports betting regulation has largely remained with particular person states because the US Supreme Court overturned the Professional and Amateur Sports Protection Act in 2018.
Congressional consideration stays lively, with a House listening to titled “The Rise of Sports Gambling on College Campuses” scheduled for November 11, 2026, as lawmakers proceed analyzing shopper safety and playing participation.
DraftKings’ response facilities on the safeguards hooked up to its VIP program and its place that promotional methods are meant for buyer retention quite than focusing on individuals susceptible to playing hurt.
