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DraftKings Sued for Allegedly Using Hidden Tracking Tech to Profile Users

A new class action accuses DraftKings of secretly sharing California users’ data with NextRoll, Comscore and The Trade Desk.
Wooden Judge's Gavel With Stand Reading Class Action inside Library Background
Photo by Shutterstock.com / Alexander Supertramp
Carter Breazeale Avatar
2 mins read
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DraftKings Sportsbook is facing a class action lawsuit in California, alleging that the online sportsbook uses third-party brokers to collect and share personal user information secretly.

The complaint was filed on June 22 in the U.S. District Court for the Central District of California by resident Dana Hughes, accusing the sportsbook of deceptive marketing practices and preying on users with known gambling addictions. Hughes asserts that DraftKings embeds software by third-party data brokers NextRoll, Comscore, and The Trade Desk onto its website, which allows the companies to build profiles of DraftKings users and create profiles based on their online activity.

Hughes’ complaint states that this took place without customer knowledge or consent.

Complaint details alleged ‘browser fingerprinting’

Browser fingerprinting is a technique that can be used to build a user profile by utilizing device details, browser settings, and geolocation. By cross-matching that information against existing user databases, a digital dossier of their online behavior can be created and exploited by advertisers who purchase that information.

The legal complaint describes a visit that Hughes made to the DraftKings website on December 28, 2025, where third parties captured her user information to deliver her targeted marketing without consent.

With the legal action in Dana Hughes vs. DraftKings Inc., the plaintiff is seeking other California residents who have experienced the same alleged third-party tracking. The suit alleges that the sportsbook is in violation of the state’s Trap and Trace Law, which bans the installation or use of devices that secure information on online activity without legal authorization.

The complaint is seeking compensatory damages of $5,000 for each violation of the California Invasion of Privacy Act, along with restitution, punitive damages, and an injunction that prohibits DraftKings from continuing the alleged practices within the State of California.

The full Class Action suit will move forward if enough complainants sign on to the case. California does not have a party minimum to initiate a Class Action, but 20-40 members traditionally satisfy the court’s “numerosity” requirement.

About the Author
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Carter Breazeale is a contributor for Catena Media in partnership with GamingToday. He focuses on sports, business, and the business of sports, as well as online gambling and betting topics. An Atlanta native residing in Orlando, Carter graduated from The University of Central Florida. His content is published on PlayGeorgia, PlayFlorida, SB Nation’s The Falcoholic, and The Orlando Business Journal.

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