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By using DraftKings services, users authorize DraftKings to disclose their full name, date of birth, address, phone number, identification information, and transaction details to named fraud and identity verification vendors including LexisNexis, Onfido, Socure, and TransUnion, and authorize those vendors to access the user's credit file at a credit bureau for identity verification purposes.
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 establishes that account creation and service use constitutes authorization for credit file access by TransUnion and other named vendors. Credit file access is regulated under the Fair Credit Reporting Act (FCRA), which prescribes permissible purposes for accessing consumer credit reports. The notice states this access will not affect the user's credit score, but the adequacy of a general privacy notice consent mechanism as a permissible purpose authorization under FCRA requires legal evaluation.
Interpretive note: The adequacy of general privacy notice acceptance as a permissible purpose authorization for credit file access under FCRA depends on regulatory interpretation and the specific nature of the inquiry, which is not fully resolved by the document language alone.
Under this clause, using DraftKings services authorizes disclosure of name, date of birth, address, phone number, identification information, and transaction details to named identity verification vendors, and authorizes those vendors to access the user's credit file at a credit bureau for identity verification. The agreement states this access will not affect the user's credit score.
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"By using our Services, you also authorize us to disclose your full name, date of birth, address, phone number, identification information, transaction details, and decisions and returns information directly to such vendors for purposes of detecting and preventing fraud, evaluating risk, and/or verifying your identity. By using our Services, you also agree to permit such vendors to verify your identity with a credit bureau and access your credit file solely for the purpose of identity verification, which will not affect your credit score.Excerpt from DraftKings's Privacy Policy
1) REGULATORY LANDSCAPE: This provision implicates the Fair Credit Reporting Act (FCRA), which governs permissible purposes for accessing consumer credit reports and requires a legally recognized purpose such as credit transactions, employment, insurance underwriting, or consumer-initiated transactions. The use of credit file access for identity verification in connection with a gaming account may require evaluation against FCRA permissible purpose categories. The CFPB is the primary federal enforcement authority for FCRA. State consumer reporting laws in California and other jurisdictions may impose additional requirements. 2) GOVERNANCE EXPOSURE: High. The FCRA imposes civil liability for unauthorized access to consumer credit files, and the adequacy of general privacy notice acceptance as consumer authorization under FCRA is not settled. The notice's statement that access will not affect the user's credit score suggests a soft inquiry, but the legal basis for that inquiry under FCRA should be verified with outside counsel. 3) JURISDICTION FLAGS: California's Consumer Credit Reporting Agencies Act may impose additional requirements on credit file access. Any jurisdiction where TransUnion or LexisNexis operates as a consumer reporting agency under applicable state law creates additional exposure. The notice applies to all DraftKings users, though the identity verification process involving credit bureaus may not apply in all states or to all product types. 4) CONTRACT AND VENDOR IMPLICATIONS: Data processing or furnisher agreements with TransUnion, LexisNexis, Onfido, and Socure should specify the permissible purpose under FCRA for each credit file access and confirm that access is limited to identity verification as stated in the notice. Vendor agreements should confirm that credit file data is not retained beyond the identity verification purpose or used for any other purpose. 5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the consent mechanism in the privacy notice satisfies FCRA permissible purpose requirements for credit file access in the context of gaming account identity verification. The notice should be reviewed alongside applicable gaming regulatory requirements in each state that mandate specific identity verification procedures, to confirm alignment. User-facing disclosure of the credit file access should be confirmed to meet any applicable FCRA adverse action notice or pre-inquiry disclosure requirements.
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This provision establishes that account creation and service use constitutes authorization for credit file access by TransUnion and other named vendors. Credit file access is regulated under the Fair Credit Reporting Act (FCRA), which prescribes permissible purposes for accessing consumer credit reports. The notice states this access will not affect the user's credit score, but the adequacy of a general …
Under this clause, using DraftKings services authorizes disclosure of name, date of birth, address, phone number, identification information, and transaction details to named identity verification vendors, and authorizes those vendors to access the user's credit file at a credit bureau for identity verification. The agreement states this access will not affect the user's credit score.
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