
TL;DR — Congress has rejected FanDuel’s answers on its VIP program after a Bryce Harper video was sent to a known problem gambler. Lawmakers cite missing details on vetting, manager conduct and program changes, demand replies by Sept. 17, and question whether FanDuel Predicts bypasses state rules. The MLBPA signaled openness to CBA limits on player VIP promotions.
SCCG Take — This exchange places VIP personalization and prediction market structures under direct legislative scrutiny that operators can no longer answer with general responsible-gaming claims.
Three Democratic members of Congress are accusing FanDuel of “misleading” and “incomplete” responses to their questions about exploitative VIP services.
In a follow-up letter sent on Sept. 3, Sen. Richard Blumenthal (D-CT), Rep. Paul Tonko (D-NY) and Rep. Valerie Foushee (D-NC) said the operator had not addressed specific steps to vet and monitor VIP activities, the extent to which managers encouraged problem gambling, or any planned changes to its program. The letter follows an inquiry on Aug. 10 triggered by a promotional video featuring Bryce Harper that a FanDuel staff member sent to a customer with a known gambling addiction. Harper later stated he had not consented to its use for that purpose.
FanDuel replied Aug. 14, citing responsible gambling investments, self-exclusion tools and behavioral monitoring. A spokesperson told SBC Americas that “customer protection informs every decision we make as an organization.” The lawmakers were not satisfied. “We remain unconvinced that FanDuel is making an active effort to protect bettors from harmful gambling and instead appears to be promoting addiction,” they wrote. They repeated eight detailed questions and set a Sept. 17 deadline for answers. Blumenthal posted on X: “FanDuel preyed on problem gamblers, now it’s attempting to dodge Congressional accountability. I won’t stop demanding answers until FanDuel comes clean.”
The letter also states that FanDuel touts compliance with state sportsbook rules yet fails to explain how its prediction markets app, FanDuel Predicts, avoids undermining those same regulations. The platform is available in every U.S. state where the regulated sportsbook is not, allowing users aged 18 and over to trade on sports outcomes.
The MLB Players Association responded to the original congressional letter on Aug. 24. General Counsel Jeffrey Perconte noted that current union policies do not explicitly cover VIP programs and that the MLBPA “stands ready to make proposals in an effort to fill that gap.” Perconte added that the union is “prepared to support [collective bargaining agreement] restrictions that ban players from participating in personalized marketing campaigns connected to a VIP or tier program.”
The congressional deadline will test whether FanDuel supplies the granular data now demanded or continues to rely on high-level statements about its safeguards. How the operator and its parent Flutter respond could shape expectations for VIP program transparency across the sector.
Reporting: SBC Americas
Generated by SCCG’s automated editorial system from published source reporting. SCCG Management holds editorial responsibility.
We have watched VIP programs fuel revenue for years, but this exchange shows lawmakers will no longer accept platitudes about responsible gaming when they see targeted messaging to vulnerable users. Operators who assume their program is defensible because it mirrors the industry's haven't read this letter closely enough. The scrutiny is structural now.
SCCG angle: SCCG works with operators, regulators, and technology providers across every U.S. market. When VIP structures or product design come under legislative or regulatory review, we help clients stress-test programs, connect with the right compliance counsel, and adjust strategy before it becomes a public relations or enforcement issue.
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