DraftKings has told members of Congress that its VIP and rewards programs do not target customers showing signs of problem gambling or identify bettors most likely to lose in order to encourage additional wagering.
The company made the statements in a six-page response to an October 22 inquiry from Sen. Richard Blumenthal and Reps. Paul Tonko and Valerie Foushee, who requested details about VIP practices and responsible gambling measures.
“DraftKings does not target anyone based on indicators of potential problem gambling nor does it seek to identify customers most likely to lose and get them to bet more,” the company wrote.
The response also addressed how VIP hosts interact with customers and how DraftKings uses technology when selecting promotions.
VIP Hosts Face Responsible Gambling Requirements
DraftKings said customers on self-exclusion or involuntary exclusion lists do not receive promotions. Promotional communications are also suspended during cooling-off periods and for a further period after customers return.
VIP hosts must refer customers showing signs of problem gambling to the company’s Responsible Engagement Team, with crisis cases receiving priority.
Hosts are also required to randomly select 10 customers each month for responsible gambling reviews. The checks include questions about whether customers are gambling “within their means,” whether betting affects other parts of their lives and whether they still view gambling as entertainment. Failure to complete the reviews can affect compensation.
Fewer than 1% of DraftKings customers belong to its Diamond and Onyx loyalty tiers, where members can receive personal hosts and individualized incentives.
The company said people make decisions about those promotions rather than automated systems.
DraftKings also addressed the use of personalized videos. It said it “does not rely on personalized content from professional athletes or major celebrities as an incentive” and was aware of only one Cameo sent to a customer.
DraftKings Rejects AI Targeting Claims
The company denied using AI to identify customers likely to lose money or those showing signs of gambling problems.
“DraftKings does not use AI to identify the customers most likely to lose and get them to bet more, nor does DraftKings use AI to target customers based on indicators of potential problem gaming. DraftKings uses data science and machine learning, not generative or agentic AI, to target promotions based on customer preferences, a basic marketing practice.”
The issue has drawn attention following a September New York Times investigation based on internal documents and interviews with former employees. The report alleged that DraftKings used machine-learning models to identify customers likely to respond to promotions by gambling and losing more.
DraftKings has disputed that characterization and says it does not use AI to target customers based on losses or indicators of potential problem gambling.
The Massachusetts Gaming Commission has separately asked licensed operators about their use of AI.
DraftKings declined to disclose the average gains or losses of rewards program members, calling the information “competitively sensitive.”
It instead pointed to My Stat Sheet, which allows customers to review deposits, wagers, wins and losses. Nearly half of DraftKings customers accessed the tool within a year of its March 2024 launch.
According to InGame, the company also explained the purpose of its VIP hosts.
“DraftKings hosts primary goals consist of creating an engaging experience that encourages long-term retention and ensuring customers choose DraftKings over competitor platforms. DraftKings does train hosts to forge and cultivate positive customer-service relationships with our most engaged customers to help deliver a world-class experience.”
Congressional Pressure Continues
The inquiry forms part of a broader push by some lawmakers for stronger federal involvement in sports betting oversight.
Blumenthal and Tonko have backed the SAFE Bet Act, a federal sports-betting standards proposal that was reintroduced in the current Congress in 2025. The proposal includes restrictions on gambling advertising during live sporting events, affordability checks and a requirement for states to obtain federal approval before offering legal sports betting.
The proposal has not advanced into law and continues to face opposition from parts of the gambling industry.
Sports betting regulation has largely remained with individual states since the US Supreme Court overturned the Professional and Amateur Sports Protection Act in 2018.
Congressional attention remains active, with a House hearing titled “The Rise of Sports Gambling on College Campuses” scheduled for November 11, 2026, as lawmakers continue examining consumer protection and gambling participation.
DraftKings’ response centers on the safeguards attached to its VIP program and its position that promotional systems are intended for customer retention rather than targeting people at risk of gambling harm.