Any email, chat, phone call, or text you send to DraftKings may be recorded, monitored, and retained. By contacting DraftKings, you are consenting to this practice.
This analysis describes what DraftKings's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Recording consent is embedded in the act of communicating with customer support rather than through a separate explicit notice, which may raise questions about adequacy under state wiretapping and communications privacy laws, particularly in two-party consent states.
Interpretive note: The adequacy of consent established by communicating rather than through a pre-interaction disclosure varies by state; two-party consent states may require more explicit advance notice than this provision provides.
All customer support interactions you have with DraftKings, including calls, texts, chats, and emails, are subject to recording, monitoring, and retention. Users in two-party consent states may want to be aware of this before initiating contact.
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YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.
The Service is not directed to children under the age of 16. If you are under the age of 16, you may only use the Service with the involvement and consent of a parent or guardian. If you are a parent or guardian and you are aware that your child has provided us with personal information without your...
The Service is not directed to children under the age of 13. If you are under 13 years of age, please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age and without v...
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"We and our service providers and other vendors may record, monitor, and retain emails, chats, calls, and texts. By communicating with us, you consent to this recording, monitoring, and retention. We may use chatbot technology and other automated methods of communication.— Excerpt from DraftKings's DraftKings Privacy Policy
REGULATORY LANDSCAPE: This provision engages the Electronic Communications Privacy Act (ECPA) and state wiretapping and eavesdropping laws. Eleven U.S. states require all-party consent for call recording, including California (Penal Code section 632), Illinois, Pennsylvania, Maryland, and others. The FTC Act applies to deceptive consent practices. The provision attempts to establish consent through the act of communication rather than advance notice. GOVERNANCE EXPOSURE: Medium. The consent mechanism (consent established by communicating) may not satisfy all-party consent requirements in two-party consent states for telephone calls if users are not given adequate advance notice before the call begins. The extension of recording and retention to service providers and vendors adds a third-party data flow that should be governed by appropriate data processing agreements. JURISDICTION FLAGS: California, Illinois, Pennsylvania, Maryland, Florida, Michigan, Montana, Nevada, New Hampshire, Oregon, and Washington require all-party consent for call recording. Users in these states who contact DraftKings customer support without seeing this notice in advance may have claims under applicable state wiretapping laws. The notice's placement in a privacy document rather than a pre-call disclosure creates exposure. CONTRACT AND VENDOR IMPLICATIONS: Service providers and vendors who receive recorded communications should be assessed for appropriate data processing agreements covering the storage, access, and deletion of communication records. Retention periods for recorded communications are not specified, which may conflict with data minimization obligations under applicable state privacy laws. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the privacy notice consent mechanism satisfies all-party consent requirements in applicable state jurisdictions for telephone call recording. Pre-call verbal disclosure of recording practices should be evaluated as a supplementary or alternative consent mechanism. Retention schedules for recorded communications should be documented.
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Recording consent is embedded in the act of communicating with customer support rather than through a separate explicit notice, which may raise questions about adequacy under state wiretapping and communications privacy laws, particularly in two-party consent states.
All customer support interactions you have with DraftKings, including calls, texts, chats, and emails, are subject to recording, monitoring, and retention. Users in two-party consent states may want to be aware of this before initiating contact.
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