TLDR A Massachusetts class action lawsuit against DraftKings over a “$1,000 Deposit Bonus” promotion has been allowed to proceed after a judge denied most of DraftKings’ motion for summary judgment. The promotion required new customers to deposit at least $5,000 and wager at least $25,000 within 90 days — terms plaintiffs say weren’t clearly disclosed. The lawsuit was filed in December 2023 by the Public Health Advocacy Institute (PHAI) on behalf of lead plaintiffs Melissa Scanlon and Sean Harris. Judge Debra Squires-Lee found sufficient factual disputes for a jury, partly because DraftKings submitted recreated visuals rather than the exact signage customers saw. The court did dismiss one claim around misuse of customer personal information, but misrepresentation and false advertising claims move forward.
A Massachusetts class action lawsuit targeting DraftKings over a promotional bonus offer has cleared a major legal hurdle, with a Superior Court judge allowing most claims to move forward.
DraftKings Inc., DKNG
The lawsuit, filed in December 2023, centers on DraftKings’ “$1,000 Deposit Bonus” promotion — one of the operator’s first offers after Massachusetts launched legal sports betting in March 2023.
The promotion promised new customers $1,000 in bonus bets. But to qualify, players had to deposit a minimum of $5,000 and wager at least $25,000 within a 90-day window. The bonus itself was non-withdrawable site credit, not cash.
The Public Health Advocacy Institute (PHAI) filed the suit on behalf of lead plaintiffs Melissa Scanlon and Sean Harris, arguing the terms and conditions of the promotion were not clearly communicated to customers.
One plaintiff deposited less than $5,000 and didn’t receive the bonus, not understanding the deposit threshold. Another met both the deposit and wagering requirements but was still ruled ineligible.
DraftKings pushed back hard, filing a motion for summary judgment to