The class action lawsuit brought by Northeastern Law’s Public Health Advocacy Institute (PHAI) against DraftKings is advancing through the Boston courts. The suit alleges that the online gambling website’s 2023 offer of a $1,000 signup bonus constituted unfair and deceptive marketing practice and false advertising. In August, Judge Debra Squires-Lee released a decision denying DraftKings’ motion to dismiss the suit. In December, PHAI headed back to court for a hearing on ground rules for discovery in the high-profile case.

“In early 2025, PHAI looks forward to deposing the DraftKings personnel responsible for developing this deceptive promotion,” said Mark Gottlieb ’93, executive director of PHAI.

 

In early 2025, PHAI looks forward to deposing the DraftKings personnel responsible for developing this deceptive promotion.”.

— Mark Gottlieb ’93

The PHAI team has also filed a lawsuit asking the Massachusetts Superior Court to issue a mandamus order against the Massachusetts Gaming Commission, citing the commission’s failure to meet its obligations to make casino player data available to researchers under Section 97 of the 2011 Expanded Gaming Act. “The commission has utterly failed to make important data available to researchers to help us assess and understand the impact of gambling in the five years since casinos have been operating in the commonwealth,” said Professor Richard Daynard, president of PHAI. “This is simply unacceptable.”

PHAI is also working with Congressman Paul D. Tonko (D-NY) and Senator Richard Blumenthal (D-CT) on the SAFE Bet Act, the first federal legislative initiative to address the vast public health implications of mobile sports betting since sports betting was legalized in 2018. “When the SAFE Bet Act is enacted, federal standards will be set to create a safer and less addictive betting environment by addressing advertising, affordability and artificial intelligence issues,” said Daynard