Bob Miller  |  January 12, 2023

Category: Consumer News

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Close up of a hand holding a smartphone with the Draft Kings website displayed.
(Photo Credit: Tada Images/Shutterstock)

DraftKings class action overview:

  • Who: Simpson Turley filed a class action lawsuit against DraftKings Inc. and DraftKings Holdings Inc.
  • Why: Turley claims DraftKings improperly paid out winnings on bets and contests involving a game that was canceled due to a serious injury of a player.
  • Where: The DraftKings class action was filed in federal court for the district of Massachusetts.

Cincinnati Bengals player Damar Hamlin captured the attention and sympathy of people across the United States when he suffered a cardiac arrest, stopped breathing and needed CPR to survive a hit he took during a Monday Night Football game. 

The injury was life-threatening and resulted in the game’s cancellation with 5:58 left in the first quarter. The injury caused ripples of effects, from the very personal side of Hamlin’s survival and health to the consequences of how the NFL would manage its playoff lineup after a game that was cut short. 

Simpson Turley, a DraftKings customer, added another ripple with a lawsuit claiming the sports betting site violated its policies when applying data and payouts involving the game.

“DraftKings arbitrarily chose to apply the statistics from the suspended Buffalo Bills-Cincinnati Bengals game to certain contests and offer payouts to customers leading in those contests, while refusing to apply the same statistics from the game to other contests and refusing to offer the same payouts to customers leading in those contests,” the DraftKings class action states.

Thousands of customers possibly affected by incorrect payouts, DraftKings class action claims

The DraftKings class action claims thousands of customers may have been affected by DraftKings’ decision.

DraftKings’ daily fantasy contests allow customers to draft NFL players while staying within the salary cap. As their rosters perform, points add up, leading to cash prizes even beyond first-place finishes. 

The lawsuit claims that suspensions of games are governed by terms of use. In several contests that include player statistics, the rules state that stats generated before the game is suspended will count in those contests. Those stats were excluded in two contests in which Turley stood to earn up to $8,000, the DraftKings class action claims. He says he paid $222 and $444 to enter those contests.

In other DraftKings news, the sports betting website disclosed a data breach that affected more than 60,000 customers.

Did you participate in a DraftKings contest that was affected by the Bengals/Bills game’s suspension? Tell us in the comments.

Turley is represented by Alex R. Straus, Adam E. Edwards and Mitchell Breit from Milberg Coleman Bryson Phillips Grossman PLLC and Luke P. Hudock Esq. of Hudock Law Group SC.

The DraftKings class action lawsuit is Simpson G. Turnley, et al. v. Draftkings Inc., et al., Case No. 1:23-CV-10054, in the U.S. District Court for the District of Massachusetts.


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9 thoughts onDraftKings class action claims website paid out incorrectly following Hamlin injury

  1. Joe says:

    Yes please get us some sort of resolution please

  2. sdffsdf says:

    By the way, it was hardly “arbitrary.” Obviously they stand to lose a great deal of money by refunding contests that either exclusively featured those contents, (such as single game showdowns) or two game entries. They’d basically be paying out everyone a ridiculous amount of money, not just refunding hard luck losers. Seems very petty to not be understanding here. But when have litigious people ever demonstrated moral superiority?

  3. ninuafnbiz says:

    I have two thoughts on this.. #1 – My understanding on this was they were including the stats for ALL contests that started with the Bills/Bengals game and they were scoring it and paying it out as usual, with the kicker that anyone that had a player from THAT game would be refunded their losses at worse. That is pretty solid on their end. #2 – If that’s not the case, and they were only doing that for SOME of the games, then this is a perfectly valid CAL and go get them.. but if you’re just trying to make a quick buck off a technicality that they were going against their own rules by generously doing what they did, then that’s extremely lame.

  4. Joe says:

    This happened to a few games I was involved in that got tangled up with all the issues involving those teams and the games and how I lost out on winning because of wrong payouts

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