FanDuel may record and retain your phone calls, text messages, and other communications, and use them for training, auditing, and any other purpose described in its privacy policy.
This analysis describes what FanDuel'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
The phrase 'or for any reason set forth in this Privacy Policy' is notably broad and links audio recording to FanDuel's full suite of data use purposes, including marketing and analytics, beyond the narrower use cases consumers typically expect when contacting customer support.
Interpretive note: The permissible uses for recorded communications are linked to the full scope of the privacy policy's use purposes, but how this is implemented in practice and whether marketing use of recordings occurs is not specified in the document.
The updated privacy policy no longer explicitly covers the FanDuel Fantasy Picks platform (www.fanduel.com/picks) and its mobile app. Previously, the policy stated it applied to the DFS Site, Skill G…
Any time you contact FanDuel by phone, text, or email, your communication may be recorded and retained, and used not only for resolving your inquiry but also for training, auditing, marketing analysis, and other purposes described in the policy.
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"If you contact us, by email, text message, phone call, or otherwise, in addition to any personal information we may receive, we may record and store the contents of those communications ourselves or using a third-party vendor. We may use the contents of these communications for training or other purposes and to satisfy our legal, auditing, and other obligations, or for any reason set forth in this Privacy Policy.— Excerpt from FanDuel's FanDuel Privacy Policy
(1) REGULATORY LANDSCAPE: Recording of telephone communications implicates state wiretapping and call recording laws, including California's two-party consent law (Penal Code 632) and similar statutes in Illinois, Maryland, Washington, and other states. The Electronic Communications Privacy Act (ECPA) provides a federal floor. Under CCPA and CPRA, audio information collected in customer support contexts is classified as sensitive personal information. The FTC has general oversight of data practices involving recorded consumer communications. (2) GOVERNANCE EXPOSURE: Medium to High. The policy's disclosure that recordings may be used for any purpose set forth in the privacy policy, including marketing, is broader than the typically expected customer service use case. Depending on how recordings are used in practice, this may implicate additional consent requirements under state two-party consent laws. The use of third-party vendors to record and store communications adds a secondary data handling layer. (3) JURISDICTION FLAGS: California, Illinois, Maryland, Washington, Pennsylvania, Connecticut, Florida, Michigan, Montana, Nevada, and New Hampshire require all-party or two-party consent for call recording. Users in these states who are not clearly notified before recording begins may have claims under state wiretapping statutes. (4) CONTRACT AND VENDOR IMPLICATIONS: The policy identifies Zoom as the provider for SMS messaging services and notes that vendors may record and maintain communications. Data processing agreements with communication and recording vendors should specify permissible use of recorded data and retention limits. (5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that FanDuel's pre-call or pre-chat disclosures satisfy two-party consent requirements in all states where it operates. The breadth of permissible uses for recorded communications, including marketing purposes, should be evaluated against state law requirements for the scope of consent obtained.
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The phrase 'or for any reason set forth in this Privacy Policy' is notably broad and links audio recording to FanDuel's full suite of data use purposes, including marketing and analytics, beyond the narrower use cases consumers typically expect when contacting customer support.
Any time you contact FanDuel by phone, text, or email, your communication may be recorded and retained, and used not only for resolving your inquiry but also for training, auditing, marketing analysis, and other purposes described in the policy.
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