The proposed class action alleges that DraftKings used an AI model to flag customers as likely to respond to incentives to keep gambling. The lead plaintiff alleges he was inundated by at least 70 emails, texts and other promotional messages in a single month. The complaint also alleges the company violated Massachusetts law by not telling customers it used AI this way. DraftKings denies the allegations and says it does not use AI to target customers based on losses.