A former DraftKings customer has filed a lawsuit against the company, accusing it of sharing users’ video-viewing habits without consent.

The class-action lawsuit, filed on Friday in the U.S. District Court for the Southern District of New York, claims DraftKings used Facebook tracking tools to transmit customers’ viewing data and wagering interests to the social media platform. Plaintiff Jeffrey Wan alleges this practice violated the Video Privacy Protection Act (VPPA).

DraftKings’ Data Policies Under Scrutiny

DraftKings, one of the largest online sportsbook operators in the U.S., discloses in its privacy policy that it may share customer data with third-party services.

However, Wan’s legal team contends that DraftKings selectively shared specific customer data with Facebook through tools such as Facebook Pixel and Conversions API. These tools allegedly enabled the transfer of detailed user activity data, including video-viewing information, to Facebook.

Wan’s attorneys argue that these tools were unnecessary for DraftKings’ business operations and that the company could have safeguarded customer data while still using them. Instead, they claim users’ activities, including video views and purchases, were transmitted to Facebook without their knowledge.

“At no point did Plaintiff or the Class Members consent to Defendant’s disclosure of their video viewing history to third parties. As such, Defendant deprived Plaintiff and the Class Members of their privacy rights and control over their personal information,” the lawsuit states.

Mounting Legal Challenges for DraftKings

In addition, in September, DraftKings agreed to a $200,000 civil penalty after the Securities and Exchange Commission (SEC) alleged that CEO Jason Robins shared material, nonpublic financial data on his personal social media accounts.

The latest allegations in the Wan case shine a spotlight on DraftKings’ data practices, raising further concerns about user privacy in the online gaming industry.

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