Acceptance of the privacy notice constitutes consent to receive calls and text messages from DraftKings for customer support, service updates, and VIP services. Users may opt out via Communication Settings at www.draftkings.com/communicationsettings, the app's Notification Preferences, or by contacting support@draftkings.com.
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 acceptance of the privacy notice constitutes consent to receive calls and text messages, including for marketing and VIP services. This consent mechanism may require evaluation under the Telephone Consumer Protection Act (TCPA), which imposes specific requirements for express written consent to receive autodialed or prerecorded calls and texts for marketing purposes that may be distinct from general privacy notice acceptance.
Interpretive note: Whether acceptance of a general privacy notice constitutes adequate TCPA express written consent for marketing text messages depends on the specific consent language presented at the point of acceptance and applicable FCC and judicial interpretations, which are not fully determinable from the document text alone.
Under this clause, accepting the DraftKings privacy notice constitutes consent to receive calls and text messages including for personalized VIP services. Users can opt out by visiting www.draftkings.com/communicationsettings, adjusting Notification Preferences in the app, or emailing support@draftkings.com.
Cross-platform context
See how other platforms handle SMS and Call Communications Consent and similar clauses.
Compare across platforms →"By accepting this privacy notice, you consent to receive calls and text messages from us, including, but not limited to, from our customer support and VIP personnel. This means we may contact you via call or text message to: Provide customer support and respond to your inquiries; Inform you about important updates and changes to our Services; and Offer personalized assistance and VIP Services tailored to your interests. You may opt out of receiving calls and text messages from us by following the instructions in the communications you receive, by contacting customer support at support@draftkings.com, or by visiting your Communication Settings at www.draftkings.com/communicationsettings or the Notification Preferences under your Profile settings in our Application(s).Excerpt from DraftKings's Privacy Policy
1) REGULATORY LANDSCAPE: This provision implicates the TCPA, which requires express written consent for autodialed or prerecorded marketing calls and texts to mobile phones.
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This provision establishes that acceptance of the privacy notice constitutes consent to receive calls and text messages, including for marketing and VIP services. This consent mechanism may require evaluation under the Telephone Consumer Protection Act (TCPA), which imposes specific requirements for express written consent to receive autodialed or prerecorded calls and texts for marketing purposes that may be distinct from …
Under this clause, accepting the DraftKings privacy notice constitutes consent to receive calls and text messages including for personalized VIP services. Users can opt out by visiting www.draftkings.com/communicationsettings, adjusting Notification Preferences in the app, or emailing support@draftkings.com.
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