March 5, 2021

FanDuel Sportsbook Sued For Faulty Betting Information

FanDuel Sportsbook Sued For Faulty Betting Information


(Photo by Ethan Miller/Getty Images)

Users of online sportsbooks expect that the information they are provided on those platforms is credible so that they can rely upon such information in making decisions on wagers. According to a new lawsuit filed against FanDuel Sportsbook in the U.S. District Court for the Northern District of Illinois, FanDuel gave a user inaccurate information that he then relied upon to his detriment.

Andrew B. Melnick has sued FanDuel Sportsbook for displaying the wrong amount of time remaining on a game, which was a significant factor in him placing a bet that the total amount of points scored in the game would be under a certain threshold. He provided two screenshots to prove the faulty nature of the application. In one screenshot, with a timestamp of 8:52 p.m., the app showed 6 minutes remaining in the game. At 8:53 p.m., Melnick was told that 8 minutes remained.

Melnick’s loss was a whopping $50. However, Melnick says he is concerned that many others are suffering losses on the FanDuel Sportsbook platform based on faulty “real-time” information. For instance, Melnick also points to FanDuel Sportsbook reporting incorrect scores that are materially different from the actual scores in relation to the remaining times displayed.

FanDuel Sportsbook services are currently offered in 10 states and thus Melnick seeks to certify a class of individuals based in those jurisdictions. His complaint includes counts of violating various states’ consumer fraud and protection acts.

It should be expected that FanDuel Sportsbook will file a motion to dismiss the lawsuit on the grounds that it should have been brought in private arbitration in the State of New York pursuant to the platform’s terms of use. Melnick will likely counter that certain public interest factors outweigh the enforcement of the forum selection clause.


Darren Heitner is the founder of Heitner Legal. He is the author of How to Play the Game: What Every Sports Attorney Needs to Know, published by the American Bar Association, and is an adjunct professor at the University of Florida Levin College of Law. You can reach him by email at heitner@gmail.com and follow him on Twitter at @DarrenHeitner.





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