FanDuel and DraftKings have urged a Pennsylvania court to dismiss a prominent lawsuit that accuses the sportsbooks of exploiting individuals with gambling problems through their VIP programs and addictive in-game betting products.
These legal documents emerged shortly after it came to light that FanDuel had sent a personalized video message to one of the plaintiffs, Terry Thompson, featuring Philadelphia Phillies superstar Bryce Harper.
The video was facilitated by a FanDuel VIP host via Cameo as part of a promotional effort aimed at encouraging Thompson to continue gambling. At that time, Thompson was grappling with a gambling addiction, ultimately losing over $2 million betting on DraftKings and FanDuel.
The lawsuit, filed by the Public Health Advocacy Institute (PHAI) on March 24 of this year on behalf of Thompson and another alleged gambling addict, Christopher Sage, claims that the sportsbooks provide “extremely hazardous products strategically designed to enhance addiction.”
Notably, the lawsuit also implicates VIP hosts, who are accused of pretending to build friendships with customers by sending them champagne and Super Bowl tickets to keep them gambling, even after recognizing signs of addiction.
‘No Duty of Care’
In their request for dismissal, the sportsbooks contend that Pennsylvania law does not impose any general duty on gambling operators to prevent adults from making legal bets.
“Courts across the nation, including those in this Commonwealth, have established that there is no duty of care owed to customers to shield them from their own lawful wagering, even if such wagering is alleged to be compulsive,” stated FanDuel’s legal representatives.
Earlier this month, Harper, who is not affiliated with FanDuel, expressed that he was unaware the Cameo video he made would be utilized as part of a VIP initiative directed towards an individual struggling with gambling addiction.
“I did not agree to it, and FanDuel had no right to proceed … What transpired exceeded anything I was aware of or approved,” Harper shared in a statement on his Instagram on July 13.
Thanksgiving Message
The video was sent to Thompson in November 2024, as reported by The Philadelphia Inquirer. It featured Harper personally addressing Thompson, wishing him “an especially happy Thanksgiving,” and inquiring about how his son was doing.
In February 2026, Thompson lost his final $10,000 on a DraftKings parlay after liquidating his finance company and acquiring new mortgages to fund his gambling problems.
The lawsuit states that he later messaged his therapist, expressing suicidal thoughts because he felt unable to disclose the full extent of his losses to his family, triggering police intervention.