TLDR
- DraftKings and FanDuel filed motions to dismiss a lawsuit from two Philadelphia men who say the apps caused their gambling addictions.
- The sportsbooks argue Pennsylvania’s product liability law does not apply to free mobile apps.
- Plaintiffs Christopher Sage and Terry Thompson claim the companies pushed customers toward addictive “microbetting” features.
- Thompson placed about $23 million in bets and lost close to $1.9 million; Sage lost more than $170,000.
- The NFL and Genius Sports also filed motions arguing they should not be part of the case.
DraftKings and FanDuel want a Philadelphia court to throw out a lawsuit accusing them of causing gambling addiction. The two companies filed lengthy court documents last week asking a judge to dismiss the case entirely.
The lawsuit comes from two Philadelphia men, Christopher Sage and Terry Thompson. They filed the case in March, then submitted an amended version last month.
Their complaint targets DraftKings, FanDuel, the NFL, and data provider Genius Sports. All four have now asked the court to dismiss the claims against them.
What the Lawsuit Claims
Sage and Thompson say the sportsbooks built their apps to encourage microbetting. This type of wager lets users bet on small moments within a live game, such as the next play or next score.
The complaint says this fast, repeated betting style is designed to keep users hooked. Thompson placed nearly all of his wagers on NFL microbets and lost almost $1.9 million on about $23 million in total bets.
Sage lost more than $170,000 through the two platforms. Both men argue the apps caused them to develop gambling addictions.
Their attorneys also point to how sports betting worked before online apps existed. For decades, bettors had to travel to Nevada and place wagers in person with cash.
They argue today’s instant mobile access removes the friction that once slowed down problem gambling.
Sportsbooks Push Back on Legal Grounds
FanDuel says its app is free and cannot be treated as a “product” under Pennsylvania’s consumer protection law. DraftKings raised a similar point in its own filing.
Both companies also argue the two-year statute of limitations has expired. They say court records show the plaintiffs knew about their alleged injuries years before filing suit.
FanDuel separately filed a motion to move the case to arbitration. The company says its terms and conditions require this, and that Thompson agreed to updated terms as recently as December 2025.
Both sportsbooks also argue that Pennsylvania’s Gaming Control Board, not a civil court, is the proper body to handle sports betting disputes. FanDuel wrote that the board was created to regulate an industry that once included unregulated offshore books and illegal operators.
An attorney representing Sage and Thompson rejected these arguments. Andrew Rainer, litigation director for the Public Health Advocacy Institute, said the companies are avoiding responsibility for harm caused to his clients.
The NFL says it should not be part of the case at all. The league says it only licenses data indirectly and has no direct connection to the plaintiffs.
Genius Sports made a similar argument, saying its role supplying game data to sportsbooks is too far removed from the plaintiffs’ gambling losses to hold it responsible.
The complaint also names five people who worked as VIP hosts for the plaintiffs. One case detail drew wide attention: a FanDuel host reportedly arranged for MLB player Bryce Harper to record a personal video for Thompson through Cameo.
Attorneys for Sage and Thompson have until August 5 to respond to the motions filed by the four defendants.
