DraftKings shared customer data with third parties for advertising, class action claims

DraftKings class action lawsuit overview: 

• Who: Jeffrey Wan filed a class action lawsuit against DraftKings Inc. 
• Why: Wan claims DraftKings used the Facebook pixel tracking tool to unlawfully disclose the personally identifiable information of its users — including their video viewing history — with third parties. 
• Where: The class action lawsuit was filed in New York federal court. 

A new class action lawsuit alleges that sports betting and online gaming company DraftKings unlawfully discloses its users’ personally identifiable information (PII) — including a record of every video they view — with third parties. 

Plaintiff Jeffrey Wan’s class action lawsuit claims DraftKings uses the so-called Facebook pixel to “knowingly and intentionally” track, record and send to Facebook its users “granular” website and apps activity. 

Wan argues DraftKings shares its users’ PII in an effort to financially benefit via advertising and information services the company “would otherwise have to pay for.” 

“The Personal Viewing Information that Defendant obtained from Plaintiff and the Class Members is valuable data in the digital advertising-related market for consumer information,” the DraftKings class action says. 

Wan wants to represent a nationwide class of consumers who, during the maximum period of time permitted by law, used DraftKings’ website or apps to view or request prerecorded games or videos using their mobile or computer browsers. 

DraftKings users never consented to the sharing of video viewing histories, class action claims

Wan claims DraftKings’ users never consented to having their video viewing histories exposed to third parties. 

“As such, Defendant deprived Plaintiff and the Class Members of their privacy rights and control over their personal information,” the DraftKings class action says. 

Wan argues DraftKings violated the Video Privacy Protection Act. He demands a jury trial and declaratory relief and an award of compensatory, statutory and punitive damages for himself and all class members.

A consumer filed a separate class action lawsuit against DraftKings earlier this year over claims the company used misleading promotions — such as offering a “risk free” first bet — to entice new users into opening accounts. 

Have you used DraftKings’ website or apps to request prerecorded games or videos? Let us know in the comments.

The plaintiff is represented by Adrian Gucovschi, Benjamin Rozenshteyn and Nathaniel Haim Sari of Gucovschi Rozenshteyn PLLC.

The DraftKings class action lawsuit is Wan, et al. v. DraftKings Inc., Case No. 1:24-cv-09557, in the U.S. District Court for the Southern District of New York.

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