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REGULATION 60-second read

Massachusetts gaming regulator probes DraftKings’ use of AI

Published: 2 min read
An empty state regulatory hearing room with a nameplate & microphone at an unoccupied dais.

The commission’s move follows a New York Times report drawing on more than 40 former employees & internal documents.

The hit

The Massachusetts Gaming Commission is investigating how DraftKings & other state-licensed operators use AI, commission chair Jordan Maynard said Thursday. The probe follows a New York Times report alleging DraftKings used machine learning to identify losing customers likely to keep betting after receiving promotional offers. DraftKings said it ‘does not use A.I. to target anyone based on losses’, according to the company. The commission has not determined DraftKings committed any wrongdoing.

Why it matters

Massachusetts bars operators from using automated systems, AI included, to deliver promotions if the system is known or expected to increase addictive behaviour.

The record

MGC action Announced at public meeting, 24 September 2026 (Massachusetts Gaming Commission)
NYT sourcing Over 40 former DraftKings employees & internal documents cited (New York Times)
Reporting requirement Operators must file responsible-gambling monitoring reports at least twice yearly (Massachusetts rules)
Prior study 2025 UNLV-commissioned study found a regulatory ‘governance gap’ on AI use
Other states Maryland governor Wes Moore this week called for a law banning algorithmic targeting of problem gamblers

What happens next

MGC executive director Dean Serpa & staff will meet DraftKings to review its AI & machine-learning use, with the commission’s AI task force evaluating DraftKings’ operations before deciding on any policy action, according to Covers.

Sources: Massachusetts gaming commission probes DraftKings AI practices

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