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HARRISBURG, Pa. (Gambling911.com) - A Pennsylvania gambler is suing FanDuel after he claims the company bombarded him with late night alerts following losses.
Maurice Faulk filed his civil suit accusing FanDuel of using data-driven promotions and repeated prompts to keep him betting at times he says he was least able to resist.
Faulk alleges that FanDuel built its sports gambling apps in ways that foster addiction and exploit users.
The lawsuit also claims FanDuel tracked user behavior to create hyper-personalized algorithms that pushed ads and notifications during especially vulnerable moments, including late at night or after a major loss.
In his complaint, Faulk argues that niche in-game microbets, VIP rewards programs, and customized advertising raised the risk of compulsive gambling, especially as it applies to deposit bonuses, so-called risk-free bets, and push notifications that he says were used to pull users back in.
The suit asks for a jury trial, court declarations, injunctions, and both compensatory and punitive damages. Faulk alleges that FanDuel's practices left him with worsening betting problems, financial hardship, and mental health issues including depression and anxiety.
Regulated sportsbooks, as well as unregulated sweepstakes casino and prediction markets, operating in the US are especially vulnerable to such lawsuits in recent years.
FanDuel emphasizes that customers have the option to self-exclude, a measure that locks them out of their FanDuel account, can prohibit access to FanDuel's physical locations and stops direct marketing.
Depending on the jurisdiction and type of exclusion selected, the restriction may extend beyond FanDuel to other regulated gambling operators within the state.
Self-exclusion carries even broader implications in Pennsylvania, where the state operates its own exclusion program covering regulated online gambling and sports betting.
The Pennsylvania Gaming Control Board (PGCB) operates an iGaming Self-Exclusion Program that includes online sports wagering. If someone enrolls, Pennsylvania-licensed online operators must refuse that person's wagers and deny gaming privileges. That means the exclusion isn't merely a FanDuel account setting.
Though FanDuel has yet to issue a statement pertaining to this specific lawsuit, they have publicly commented on similar matters presented in the courts previously. It has told media outlets that the company's employees “are trained to recognize and flag signs of problem gambling and offer resources and tools” and said it continues reviewing and strengthening its policies to provide strong consumer protections.
One case involves plaintiff Terry Thompson filed in a Philadelphia court. Thompson alleges that he lost roughly $1.8 million gambling and that FanDuel's VIP program continued providing incentives despite signs of compulsive gambling. In July, FanDuel asked the court to dismiss the suit. Its lawyers argued that Pennsylvania law does not impose a duty on sportsbooks to protect customers from their own lawful wagering, even when the wagering is alleged to be compulsive. FanDuel also argued that the dispute belongs in arbitration rather than court under its customer terms.
- Chris Costigan, Gambling911.com
