Yes, and people are already doing it. Courts across the country are actively handling lawsuits against the biggest sports betting platforms, and legal theory is becoming more refined with every new case.
What the Lawsuits Actually Allege
These are not cases based on the argument that gambling is risky and someone loses money. Legal claims are more specific than that.
The plaintiffs allege that platforms like DraftKings and FanDuel have deliberately engineered their apps to produce addictive behavior, and then continue to target users who show obvious signs of addiction. The main legal theories include:
- Design flaw – the app was designed with features that are known to trigger compulsive gambling.
- Negligence – not taking action when a user’s gambling habits indicated a gambling problem.
- Failure to disclose – not warning users about the addictive risks associated with features such as micro-bets, push notifications, and variable reward structures.
- Unfair practice – profiting from users’ clinical gambling disorders.
One major lawsuit alleges that the defendants had “full visibility into users’ betting patterns and then pushed users to gamble further through targeted advertising, personalized ‘bonus’ incentives, and ‘push’ notifications.” This is the crux of the harm: the platforms knew what was happening and accelerated it.
What Makes These Cases Viable in 2026
The litigation environment has shifted significantly. In April 2025, the city of Baltimore filed a lawsuit against both DraftKings and FanDuel, accusing them of unfair and deceptive trading practices related to bonus bet promotions and the use of targeted data. Also in 2025, multiple state lawsuits were filed against DraftKings in Illinois, Kentucky and New Jersey regarding deceptive “risk-free” bet promotions.
These cases are significant not just because they were filed, but because of who filed them. Municipal governments and organized class action plaintiffs bring resources and institutional credibility, which changes how courts and juries perceive underlying claims.
On the regulatory side, the SAFE Bet Act, introduced in Congress by Senator Richard Blumenthal and Representative Paul Tonko, would establish nationwide consumer protections, including advertising blackouts, bans on AI-driven micro-betting, and personalized targeting. The legislation is still pending, but its existence is significant in civil litigation, as it signals that lawmakers recognize platforms as a public health issue and that recognition supports the premise that operators have a duty to meet certain standards.
Who Can Actually Pursue a Claim
Not every person who loses money on a sports betting app has a viable lawsuit. Edward O. Moody, P.A., evaluates claims across three primary groups.
Minors and Young Adults Under 21
If the injured person is under the age of 21 and has used one or more qualifying apps, they may have a valid claim. For minors, the case must be filed by a parent or legal guardian who has legal authority to act on behalf of the child. Under the Federal Wire Act (18 U.S.C. § 1084) and various state statutes, platforms are required to implement age verification controls to prevent underage access. If these controls fail, the platform is responsible for any resulting harm.
Adults Over 21 Who Started Using Apps Before Age 21
Individuals who are now over the age of 21, but who began using an online gambling app before reaching this age, may also be eligible. The crucial question is when their usage of the app started. If their addictive behavior began during a period when they should have been barred from the platform due to applicable Unlawful Internet Gambling Enforcement Act (UIGEA) requirements, the failure of the operator to prevent underage access becomes a central part of the claim.
Adults Over 21 Whose Usage Began After Age 21
Adults who were 21 years or older when they started using online gambling applications can still qualify for treatment, but they must meet certain additional criteria. Specifically, they must have either a qualifying medical diagnosis related to their online gambling activities or documented financial losses exceeding $50,000.
What Documentation You Need
The strength of any individual’s claim depends heavily on the available records. This includes:
- App usage data from the platform, which can be used in discovery
- Bank and credit card statements showing deposit and withdrawal history
- Mental health treatment records
- Any communications from the platform during the period of active gambling, especially from VIP hosts or promotional accounts
Without documentation, it is difficult to build a claim. With it, the picture of what the platform knows – and when – becomes much clearer.
Talk to an Attorney Before You Decide Anything
If you or a family member has suffered serious financial harm, gambling disorder diagnosis, or loss of a loved one connected to DraftKings or FanDuel accounts, the first step is confidential case evaluation. Edward O. Moody, P.A., has more than 40 years of experience in complex litigation against well-funded corporate defendants. We know how to build cases, retain qualified experts, and present evidence that juries need to understand what happened.
Contact Edward O. Moody, P.A., today for a no-obligation case review. You don’t need to know whether your situation qualifies – that’s exactly what the evaluation is for.