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Betting Apps Won't Stop Pushing You to Gamble More? Here's What US Law Lets You Do About It

Sep 17
7 min read

You self-excluded. You closed your account. You told the app you needed a break. And somehow, the push notifications kept coming — a "bonus bet" here, a "your friend just won big" alert there, a VIP host texting to check in after you stopped playing for a week.

If that sounds familiar, you're not imagining things, and you're not out of options. Sports betting apps in the US are regulated businesses, and several real legal tools exist for people who feel trapped by them. This guide walks through what those tools are, how they actually work, and where to start.


Why this keeps happening

Betting apps make money when people keep betting. Push notifications, "risk-free" bets, loyalty tiers, and personal VIP hosts aren't accidents — they're retention features, built the same way a social media app is built to keep you scrolling. Courts have started hearing arguments that some of this goes further than ordinary marketing. Lawsuits filed against DraftKings, FanDuel, and BetMGM over the past two years accuse the companies of using betting history and behavioral data to identify people showing signs of a gambling problem, then targeting those same people with personalized promotions to keep them wagering.

That's the backdrop for everything below. None of these tools require you to prove a company acted maliciously — most of them are rights you already have simply by being a customer in a regulated state.


1. State self-exclusion programs

Every state that has legalized online sports betting also requires a self-exclusion option, and this is the single most powerful tool available, because it isn't optional for the operator. Once you're on a state's list, licensed betting apps and casinos operating in that state are legally required to block your account, refuse new sign-ups under your name, and stop sending you marketing.

A few things worth knowing:

  • It's broader than closing your account. Closing an app account yourself can still leave you able to reopen it or sign up on a different app. State self-exclusion, by contrast, applies across every licensed operator in that state at once.

  • You choose the length. Most states offer options ranging from one year to five years to a lifetime ban. New Jersey, Colorado, Virginia, and New York all offer versions of this tiered system.

  • You can usually enroll online, by mail, or in person. Some states, like New Jersey, also allow registration by video call with the state's Division of Gaming Enforcement.

  • It's a two-way legal obligation. If a licensed app lets a self-excluded person keep betting, the operator can face fines from the state regulator, and any winnings from those bets are typically forfeited.

To sign up, search for "[your state] self-exclusion gambling" or go through your state's gaming or racing commission website. If you're unsure where to start, the National Council on Problem Gambling's helpline (details below) can point you to your state's program.


2. What to do if the app lets you back in anyway

This is where things get serious, and where a growing number of lawsuits are coming from. Several recent cases allege that betting apps continued to solicit customers who had already self-excluded or explicitly asked to close their accounts:

  • A man filed suit against BetMGM in April 2026, alleging the company kept marketing to him despite a formal five-year exclusion request.

  • A Michigan bettor sued DraftKings after the app allegedly let him raise his betting limit instantly, skipping a required 24-hour cooling-off period, contributing to over $25,000 in losses.

  • The City of Baltimore sued DraftKings and FanDuel's parent company, Flutter Entertainment, alleging their "risk-free" and "no sweat" bet promotions deceptively targeted people already showing signs of addiction.

If this happens to you, the operator has likely violated both state gaming regulations and, in many states, consumer protection law — sometimes called an Unfair or Deceptive Acts and Practices (UDAP) statute. These laws let you go after a company for false advertising, misleading bonus terms, or ignoring your own account restrictions, and many allow for actual damages, and in some states, additional statutory penalties.

What to do: Screenshot every notification, email, and promotional offer you receive after your exclusion date. Save your original exclusion or account-closure confirmation. This documentation is exactly what turns a frustrating experience into a workable legal claim.


3. File a complaint with your state gaming regulator

Every state with legal sports betting has a regulatory body — a gaming commission, lottery, or racing commission — that licenses these apps and can investigate them directly. This is free, doesn't require a lawyer, and often gets a faster response than the app's own customer service.

The process is fairly similar across states: you contact the regulator (usually by phone or an online complaint form), confirm any relevant details like your self-exclusion status, and submit a dispute form describing what happened. Arizona's Department of Gaming, for example, has a dedicated patron dispute process specifically for issues with operators like DraftKings, FanDuel, and Caesars.

Regulators can fine operators, require corrective action, or refer serious violations for further investigation. Iowa's regulator fined FanDuel $125,000 in 2025 over responsible-gaming violations — a reminder that these complaints do carry weight.


4. Consumer protection lawsuits and class actions

Beyond individual complaints, a wave of litigation is now underway against the major sportsbooks. Plaintiffs' claims generally fall into a few buckets:

  • Deceptive advertising — misleading "risk-free" or "no sweat" bet offers that carried hidden conditions.

  • Negligent design — features like instant bet slips, live "microbetting" on every play, and near-miss animations built to mimic slot-machine engagement patterns.

  • Targeting known problem gamblers — using account data to flag at-risk users and then sending them personalized VIP incentives rather than protective interventions.

  • Ignoring self-exclusion requests — the issue covered above.

A Senate hearing earlier this year highlighted these same concerns at the federal level, with lawmakers questioning whether operators use behavioral tracking to encourage excessive betting among vulnerable users rather than to protect them.

If you've lost significant money and believe an app targeted you despite signs of a problem, a consumer-rights or mass-tort attorney can evaluate whether you have a viable claim. Many personal injury and consumer protection firms are currently taking these cases on contingency, meaning you pay nothing unless they recover money for you.


5. The arbitration clause problem — and how to get around it

Here's the catch most users don't realize until they try to sue: nearly every major betting app's terms of service includes a mandatory arbitration clause and a class action waiver. In plain terms, this means that by creating an account, you likely agreed to resolve any dispute through a private arbitrator instead of a courtroom, and you gave up your right to join a group lawsuit.

There is a narrow window to undo this. Most operators, including Fanatics Sportsbook, give new users 30 days from account creation to opt out of the arbitration clause in writing. If you're just signing up for a betting app now and want to preserve your right to sue later, this is worth doing immediately — check the app's terms of service for the exact opt-out address and instructions.

If you're past that window, you're not necessarily stuck. Some law firms have turned to mass arbitration — filing hundreds or thousands of individual arbitration claims simultaneously, which creates similar pressure on a company as a class action, just through a different legal channel. This has become the main workaround attorneys are using against DraftKings and FanDuel specifically.


6. Use privacy law to cut off the targeting itself

This is a less obvious tool, but it's a real one. Several states — including California, Colorado, Connecticut, Virginia, and a growing list of others — have consumer privacy laws that give you the right to:

  • Opt out of the "sale" or "sharing" of your personal data, including data used for targeted advertising.

  • Request that a company disclose what data it has collected on your betting behavior.

  • Request deletion of your personal data outright.

Since the lawsuits above allege that VIP targeting relies heavily on behavioral profiling, cutting off that data pipeline through a formal privacy request can reduce the personalized push notifications and offers you receive, separate from any gambling-specific self-exclusion. Look for a "Do Not Sell or Share My Personal Information" or "Your Privacy Rights" link, usually in the app's footer or account settings.


7. Where the federal government stands

There's currently no single federal agency regulating sports betting the way, say, the SEC regulates stock trading — it's handled state by state. That said, momentum is building in Washington. The SAFE Bet Act, reintroduced in Congress by Senator Richard Blumenthal and Representative Paul Tonko, would set federal advertising limits, ban bonus-bet promotions, require deposit and affordability limits, and create a coordinated national self-exclusion list. As of mid-2026, the bill has not advanced out of committee and isn't expected to pass before the midterm elections, but it signals where federal policy could be heading, and several individual states, including New York, are moving ahead with their own advertising restrictions in the meantime.


What to do right now: a practical checklist

If you're dealing with this today, here's a reasonable order of operations:

  1. Self-exclude at the state level, not just within one app, so every licensed operator in your state is required to stop contacting you.

  2. Save evidence of any contact you receive after excluding — notifications, texts, emails, VIP host messages.

  3. File a complaint with your state gaming regulator if an app contacts you or lets you play after exclusion.

  4. Submit a data/privacy opt-out request to reduce targeted marketing going forward.

  5. Talk to a consumer protection or gambling-addiction attorney if you've suffered real financial harm — many offer free case reviews.

  6. Call the National Problem Gambling Helpline at 1-800-522-4700 (also reachable at the newer number, 1-800-MY-RESET) for free, confidential support and help navigating your state's programs — available 24/7 by call, text, or chat.

  7. Consider a third-party blocking tool like GamBan or GamBlock if you want a technical backstop in addition to the legal one.

Gamblers Anonymous also runs free, in-person and virtual meetings nationwide for anyone who wants ongoing peer support alongside these legal steps.


The bottom line

Betting apps operate under real legal guardrails, even if it doesn't always feel that way from inside a notification-filled inbox. State self-exclusion is your strongest and fastest lever. Consumer protection complaints and lawsuits are catching up to the industry's marketing tactics. And even the fine print — the arbitration clause you scrolled past at sign-up — has a workaround if you act within it.

This article is for general information and isn't legal advice. If you're weighing whether to file a complaint or pursue a claim, a consumer protection or gambling-law attorney licensed in your state can tell you what applies to your specific situation.

If gambling is affecting your finances, relationships, or wellbeing, help is available around the clock: call or text 1-800-522-4700, or visit ncpgambling.org/chat.

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