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As reported on the Gambling911.com website and elsewhere, one of the world’s largest daily fantasy websites DraftKings is now the subject of a class action lawsuit claiming false advertising. But the Boston-based company may have an ace up their sleeve according to the legal firm JD Supra.
DraftKings is now on the clock to respond to these allegations – but they may have an ace up their sleeve. Before registering for a DraftKings's account, users must agree to be bound by the site's Terms of Use, which include a mandatory arbitration clause that contains a class action waiver. If the arbitration agreement is found to be legally binding and enforceable, users would be compelled to pursue their claims individually at arbitration, driving a spade through the heart of the class action. It will now be up to the court to determine whether Plaintiff's lawsuit is a bust or if DraftKings will be forced to ante up.
The individual(s) who first filed the suit claim DraftKings misrepresented a bonus offer widely advertised on its own site and across the Net as well as in TV ads.
The case was first filed in the state of Florida.
- Aaron Goldstein, Gambling911.com
