By accepting DraftKings' privacy notice, you are consenting to receive phone calls and text messages from DraftKings, including marketing and VIP communications.
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
Consent to receive calls and text messages embedded in a privacy notice acceptance may not satisfy the Telephone Consumer Protection Act's (TCPA) requirement for express written consent for autodialed or prerecorded calls and texts, particularly for marketing purposes.
Interpretive note: Whether bundling TCPA consent into general privacy notice acceptance satisfies the TCPA's express written consent standard for marketing communications is legally contested and may vary by court jurisdiction.
Accepting the DraftKings privacy notice is used as the consent mechanism for receiving calls and texts, including marketing messages. Users who wish to stop receiving these communications can opt out at www.draftkings.com/communicationsettings or by emailing support@draftkings.com.
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"We may use the telephone number(s) we collect from you for the purpose of one-to-one calls and text messages. 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.— Excerpt from DraftKings's DraftKings Privacy Policy
REGULATORY LANDSCAPE: This provision engages the Telephone Consumer Protection Act (TCPA), which requires express written consent for autodialed or prerecorded marketing calls and texts. The FCC enforces the TCPA. The FTC Act applies to deceptive consent practices. State telemarketing laws in California (CIPA), Florida, and other states may impose additional requirements. Whether bundling TCPA consent into privacy notice acceptance satisfies the TCPA's express written consent standard is an active area of legal uncertainty. GOVERNANCE EXPOSURE: Medium. TCPA class action litigation risk is significant if the consent mechanism does not satisfy TCPA requirements for marketing communications. The provision states consent is granted 'by accepting this privacy notice,' which may be challenged as not meeting the TCPA standard of a 'clear and conspicuous disclosure' that is separate from other terms. JURISDICTION FLAGS: California's CIPA provides additional protections for phone communications and has been used to bring claims related to call recording and text messaging consent. Florida's Telephone Solicitation Act has been actively litigated. Federal TCPA exposure is nationwide. CONTRACT AND VENDOR IMPLICATIONS: If DraftKings uses third-party call center or SMS vendors to deliver these communications, those vendors' TCPA compliance practices should be assessed. Indemnification provisions in vendor agreements should cover TCPA violations arising from consent records provided by DraftKings. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the privacy notice acceptance mechanism satisfies TCPA express written consent requirements for marketing calls and texts, or whether a separate, standalone consent process is required. The opt-out mechanism (communicationsettings page and support email) should be tested for functionality. Consent records should be maintained to defend potential TCPA claims.
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Consent to receive calls and text messages embedded in a privacy notice acceptance may not satisfy the Telephone Consumer Protection Act's (TCPA) requirement for express written consent for autodialed or prerecorded calls and texts, particularly for marketing purposes.
Accepting the DraftKings privacy notice is used as the consent mechanism for receiving calls and texts, including marketing messages. Users who wish to stop receiving these communications can opt out at www.draftkings.com/communicationsettings or by emailing support@draftkings.com.
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