When sports betting was legalized in Massachusetts in August 2022, Boston-based DraftKings made the Commonwealth the target of aggressive advertising. As sports fans have become all too aware in recent years, such advertising is ubiquitous as the major sports betting operators fight for market share. In December 2023, two DraftKings customers, represented by a public health advocacy group, initiated a putative class action lawsuit alleging that certain of DraftKings’ promotional practices violated Massachusetts consumer protection and false advertising laws. The Superior Court of Massachusetts just denied DraftKings’ motion to dismiss the case, subjecting its practices to further interrogation and the possibility of substantial financial liability.

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