The contact importer feature allows DraftKings to access and import a user's address book containing contacts' names, email addresses, phone numbers, and location details, with the agreement placing the obligation on the user to obtain any legally required consents from those third-party contacts before their information is imported.
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
This provision transfers the legal compliance obligation for obtaining third-party contact consents from DraftKings to the individual user. Depending on jurisdiction, the collection and use of third-party contact information for marketing or outreach purposes may require affirmative consent from those contacts under TCPA, CAN-SPAM, CASL, and other applicable statutes, and the contractual delegation of that obligation to users does not necessarily insulate DraftKings from regulatory exposure.
Interpretive note: The regulatory effectiveness of contractually delegating third-party consent obligations to users varies by jurisdiction and statute, and does not necessarily resolve DraftKings' own regulatory exposure under TCPA, CASL, or state privacy law.
Under this clause, users who choose to use the contact importer feature are contractually responsible for obtaining any legally required consents from their contacts before those contacts' names, email addresses, phone numbers, and location details are uploaded to DraftKings. The agreement does not describe what happens to imported contact data after the referral purpose is fulfilled.
Cross-platform context
See how other platforms handle Contact Address Book Import and Third-Party Consent Burden and similar clauses.
Compare across platforms →"In the event it is available, with your permission, we will access your address book and import your contacts' names, email addresses, phone numbers, locations, and associated details to determine which of your friends have not registered an Account on DraftKings. We rely upon you to obtain any consents from your friends and contacts that may be required by law to allow us to access, upload, and use their personal information for this purpose.Excerpt from DraftKings's Privacy Policy
1) REGULATORY LANDSCAPE: This provision implicates the TCPA, which governs consent requirements for text messages and calls to third parties whose information is imported for outreach purposes.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision transfers the legal compliance obligation for obtaining third-party contact consents from DraftKings to the individual user. Depending on jurisdiction, the collection and use of third-party contact information for marketing or outreach purposes may require affirmative consent from those contacts under TCPA, CAN-SPAM, CASL, and other applicable statutes, and the contractual delegation of that obligation to users does not …
Under this clause, users who choose to use the contact importer feature are contractually responsible for obtaining any legally required consents from their contacts before those contacts' names, email addresses, phone numbers, and location details are uploaded to DraftKings. The agreement does not describe what happens to imported contact data after the referral purpose is fulfilled.
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