A federal lawsuit filed in Pennsylvania accuses DraftKings and its affiliates of misleading customers through gambling advertisements and unclear promotional terms. Five plaintiffs are seeking class-action status; two say they each lost more than $50,000 within a few months, and DraftKings had not commented.
The claims put DraftKings’ advertising disclosures and promotional terms before a federal court.
Quarter ended 30 September 2026
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DraftKings told US lawmakers that it did not direct promotional offers or VIP rewards at customers showing signs of problem gambling, including people on exclusion lists. The company said it continued monitoring VIP members and that 1% of its customers were in its highest loyalty tiers; the congressional scrutiny followed questions about betting firms’ use of customer data.
DraftKings denied ever directing promotional offers at people displaying signs of problem gambling. It also said customers who had excluded themselves, or whom it had removed after detecting problematic gambling, received neither promotional offers nor access to VIP and rewards programmes.
Five prediction market operators have withdrawn or limited some event contracts in Utah as state authorities pursue criminal charges against Kalshi and its co-founders. DraftKings, FanDuel and Fanatics introduced restrictions between 28 October and 4 November; Robinhood and PrizePicks have also restricted access, with measures varying by operator.
The CFTC issued guidance saying state-based geographic restrictions generally conflict with impartial-access requirements for designated contract markets in the United States. It gave exchanges 30 days to remove conflicting blocks or explain to the Division of Market Oversight, with supporting evidence, why compliance is not feasible. The same framework applies to intermediaries and other entities providing market access.
The CFTC said state-based geographic restrictions on prediction markets are generally inconsistent with its impartial access rules, and gave operators and exchanges 30 days to lift them or explain why they cannot. The agency issued the guidance on Thursday as a formal interpretation of its impartial access requirements for designated contract markets. It said location alone should not be used to deny access to eligible participants within the United States.
Nebraska voters rejected ballot measures that would have authorised statewide online sports betting and established rules for racetrack casinos and sportsbook partners, according to the report. The proposed tax rate was 20%, with about 70% of the revenue earmarked for property tax relief; supporters had raised nearly $22m by October.
Voters in Nebraska turned down a plan to launch sports betting online across the state, a blow to a campaign supported by sportsbooks and racetrack operators. Legal wagering there stays restricted to bets placed in person at racetrack casinos, so a statewide mobile launch is not expected soon.
Prediction markets recorded average daily trading volume of $4.13bn in October, up 55% from September, according to figures attributed to Jefferies analyst Daniel Fannon. Open interest rose 45% to $3.27bn, while sports contracts accounted for 78% of total volume. Polymarket's average daily volume reached $655m, up 50% month on month.