Class Action Lawsuit in Massachusetts against DraftKings Moved to BLS

A lawsuit filed by a non-profit organization that safeguards the public health in Massachusetts against the leading gaming and betting giant, DraftKings, was reassigned to another court recently. The change came upon a request from the gaming and betting company which is the defendant in the lawsuit.

DraftKings requested the class action lawsuit to be moved from the Massachusetts Superior Court of Middlesex County to the state’s Business Litigation Session of the Superior Court (BLS). This request was approved with media reports confirming that the class action lawsuit was transferred to the BLS last week.

Currently, the BLS “provides a forum for business and commercial disputes which, because of their complexity, will benefit from individualized and collaborative case management.” This specific approach is exactly the reason why DraftKings requested the transfer. As a result, Judge Kenneth Salinger and Judge Debra Squires-Lee were assigned to the class action lawsuit which alleges DraftKings engaged in deceptive advertising.

Upon requesting the transfer, DraftKings said that the legal claim required the “close case management” the BLS can provide. Moreover, the company said that once the case is in the hands of the BLS, it plans to file a motion for dismissal, as announced by SBC Americas.

The Lawsuit Stems from an Alleged Misleading Bonus

The class action lawsuit filed against DraftKings alleged the operator offered a misleading bonus. The legal action was filed by the Public Health Advocacy Institute (PHAI) back in December. Filing the lawsuit, the Institute, appearing as the plaintiff in the legal action, claimed that a $1,000 bonus bet offer by DraftKings was unfair and misleading.

It argued that players in Massachusetts were misled into thinking that they could receive $1,000 for free. However, the lawsuit alleged that claiming the bonus was nearly impossible as a consumer would need to deposit $5,000 and wager $25,000 in a period of 90 days to obtain the aforementioned amount. Moreover, the bonus amount also could not be transferred or redeemed, which was another hit for the players, the lawsuit argued.

It is important to note that the lawsuit did not claim DraftKings encouraged excessive gambling. On the contrary, it argued that the operator needs to be more careful when introducing different bonuses and ensure the wording of such promotions is not confusing for the players.