FanDuel, DraftKings Seek to End Lawsuit That Drew Bryce Harper Into Gambling Row

Key Points

  • FanDuel and DraftKings argue Pennsylvania law does not require sportsbooks to protect adults from compulsive legal gambling
  • The lawsuit alleges VIP hosts cultivated personal relationships with high-value bettors using gifts, tickets, and celebrity messages to encourage continued gambling
  • The case could shape future gambling addiction litigation by determining whether sportsbooks owe a duty of care to vulnerable customers

FanDuel and DraftKings have asked a Pennsylvania court to throw out a closely watched lawsuit that accuses the sportsbooks of deliberately exploiting problem gamblers through VIP programs and addictive in-game betting products.

FanDuel, DraftKings, gambling addiction lawsuit, VIP program, Pennsylvania sportsbook lawsuit
Bryce Harper at the 2026 MLB Home Run Derby at Citizens Bank Park on July 13, the same day he said he had not consented to a personalized video being used as part of a FanDuel VIP promotion. (Image: Getty)

The filings come just weeks after the case hit the headlines when it was revealed that FanDuel sent a personal video message to one of the plaintiffs, Terry Thompson, recorded by Philadelphia Phillies star Bryce Harper.

The video was arranged by a FanDuel VIP host through Cameo as part of a promotion designed to keep Thompson gambling. At the time he was in the throes of gambling addiction, ultimately losing more than $2 million betting across DraftKings and FanDuel.

The lawsuit, filed on behalf of Thompson and another alleged gambling addict, Christopher Sage, by the Public Health Advocacy Institute (PHAI) on March 24 this year, accuses the sportsbooks of offering “unreasonably dangerous products that are intentionally designed to maximize addiction.”

Unusually, it also names VIP hosts who are alleged to have feigned friendships with customers, sending them champagne and Super Bowl tickets to keep them gambling even after they showed signs of addiction.

‘No Duty of Care’

In their motion to dismiss, the sportsbooks argue that Pennsylvania law imposes no general duty on gambling operators to prevent adults from placing legal wagers.

“Courts around the country, including courts that sit in this Commonwealth, have held that there is no duty of care to protect customers from their own lawful wagering, even where such wagering is alleged to be compulsive,” wrote lawyers for FanDuel.

Earlier this month, Harper, who has no affiliation with FanDuel, said he was unaware the video he made for Cameo, where users can request personalized messages from celebrities, would be used as part of a VIP promotion targeting an addicted gambler.

“I did not consent to it, and FanDuel had no right to do it … What happened here went beyond anything I knew about or approved,” Harper wrote in a statement posted to his Instagram on July 13.

Thanksgiving Message

The video was sent to Thompson in November 2024, according to The Philadelphia Inquirer. It featured Harper addressing Thompson by name, wishing him “an extra-special Thanksgiving,” and asking how his son was doing.

In February 2026, Thompson lost his last $10,000 on a DraftKings parlay after selling his finance company and taking out new mortgages to fund his gambling addiction.

According to the lawsuit, he later texted his therapist saying he intended to take his own life because he could not tell his family the extent of his losses, prompting police intervention.

Philip Conneller
Philip Conneller Senior Reporter

In Philip Conneller’s eight years with Casino.org, he has covered the gaming industry from Las Vegas to Macau and everything in between. He currently focuses his coverage on gaming law, white-collar crime, global money laundering, tribal gaming, politics, and regulation.

Philip was the original features editor for poker’s Bluff Magazine and editor for Bluff Europe, which he helped launch. His writing has also been featured in ESPN, Forbes, Time Out, The Sun, and The Daily Star, as well as iGaming Business, eGaming Review, and numerous other industry news and tech websites.

His news stories for Casino.org/news have been linked by The Washington Post, The Daily Mail, People Magazine, and Jimmy Fallon's Tonight Show, among many others.

Philip once won $20,000 with 7-2 off-suit. He has been reprimanded for unwittingly playing Elton John’s piano on two separate occasions on both sides of the Atlantic.

He became a writer because he is a lousy pianist.

Philip lives outside London with his wife and children, where he spends his time agonizing about Arsenal FC.

Contact Philip at philip.conneller@casino.org.

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