Gambling apps provide you with the opportunity to hear the latest developments on said platform. Some of these new things can be new features, match alerts, streak notifications, and even offers that you may want to cash in, especially if you’re a regular or someone who has been inactive for a while.
The issue comes with the way these messages can shape your intent. There’s a major difference between genuinely informative notifications and messaging that feels like gaslighting or FOMO-inducing ways of mobilizing the user. The latter method is the one that has caused concerns, especially in the context of gambling.
In this article, the focus will be on the push notification model in the betting app sector, how the system can stay within acceptable limits, why some gambling regulators are actively taking measures against excessive messaging, and how it can all blow over because of a lawsuit that makes certain allegations.
Consenting to push notifications is up to the agency of the user
The core of any push notification system is the user’s ability to consent specifically. This is part of both the rules put forth by the two main app procurement stores, but also something that the betting apps allow you to do when you register.
Apple introduced an opt-in rule in 2020, with its section 4.5.4. App Store Review Guidelines clause that made it clear that the user must opt into the notifications sent by an app before the developer can send them to said user.
In a similar note, Google Play’s Developer Policy made it even stricter. It makes it so that the notifications are part of the app’s core features, which means that the user has the ability to block them altogether. The app must function without the notifications being on.
What both Apple and Google make a point of is the consumer’s option to opt out of notifications of any kind. If they choose to block them on an app level, then the user cannot receive them as push notifications.
An opt-out must be present in the app’s UI for the user to have the necessary agency to choose not to receive these notifications.
As for promotional material sent via other channels, especially email, it’s up to the player to choose whether they want them active or not.
Push notifications become a problem when they solicit betting
The main issue with the content sent via these push notifications is whether they solicit the gamble to wager. Sending them information regarding their account, opportunities like offers, odds, or contests is informational, but specifically asking the user to gamble is the main issue.
In the USA, the main example comes from the S3401 New Jersey State Senate bill, which we’ll return to. The state, where both sports betting and casino gaming are legal online, makes it so that the operator does not solicit gamblers to place wagers or deposits. It targets a practice that requires the user to take action in the form of spending.
This is why informational content is outside the scope. Alerting the user on factors like scores, opening odds, football predictions for this weekend, or account status is purely informative.
If the notification uses this context with a hint of solicitation, such as asking the account holder to deposit to keep their account active, or to wager on the odds provided by the sportsbook, then the messaging moves past a point of regulatory acceptance.
That’s also how another issue is taking shape: the usage of user account data as a way of targeting the player in a covert operation of encouraging spending.
As we’ll see later, there is a class action lawsuit that alleges something of the sort, essentially using the idea of notifications as a mechanism to target vulnerable users.
State restrictions in the US that inform limits
We need to return to Bill S3401 and say that it’s a proposed regulation rather than one that is actively in use. It’s a partisan bill introduced on 9 February 2026 and is currently pending.
LegiScan considers it as being at 25% progression, as it was referred to the Senate State Government, Wagering, Tourism & Historic Preservation Committee. Any resolution would probably have to wait until 2027.
The thing with this bill is that it’s genuinely aggressive in its pursuit. One of its propositions is to bar operators that hold sportsbook and casino gaming licenses from sending any texts or push notifications to users, essentially closing the loop on the promotional material that casinos can send to their users.
Another major development from this point of view is one that actually passed. Namely, the Colorado Sports Betting Protections Act (SB 26-131), which came into effect on 12 August 2026.
Among its dispositions, such as limiting deposits to 6 per day and banning credit cards as viable options for such payment, notifications were also a major target.
Namely, Colorado became the first state to actually ban push notifications and promotional texts that make any betting solicitation. State gambling legislation makes it clear in the letter of the law that operators cannot make any request or encourage users to place bets, which shows that regulators in the USA are moving toward restricting bookmakers in how they communicate with users.
The targeting of vulnerable users through promotional messaging is the latest controversy
On 19 September 2026, the New York Times published an investigation into DraftKings’ AI-based targeting system. It’s a lengthy article with testimonials that include insider declarations on how the gambling company uses data science to target problem gamblers with incentivization rather than using the technology for addiction prevention.
Five days later, the NYT launched a follow-up article disclosing that the Massachusetts Gaming Commission launched an investigation into the AI usage of companies, including DraftKings, which is a licensed bookmaker in the state.
This was not close to the end of it, as a class-action lawsuit was lodged against the same bookmaker by a plaintiff from West Virginia on 30 September 2026 in the District Court of Massachusetts.
Among the allegations were that the company flooded his inboxes with promotions, as he claimed that he received at least 70 messages via email, notifications, and texts based on his thousands of gambling expenditures.
The lawsuit is quite recent relative to the writing of this article in mid-late October, so the investigations are ongoing. It’s probably correlated with the NYT investigation, given that the allegations made in the article are in this exact register.
DraftKings has denied these allegations, and any resolutions from such a high-profile case could serve as an impetus for similar legal actions or as a springboard for even more restrictive regulations regarding gambling operator practices.
Conclusion
Gambling addiction is as serious an issue as possible, and that’s why it requires a responsible approach. Betting only when of legal age and doing so with account limits is a start.
However, if any user is to develop issues, getting specialized help via helplines like the national 1-800-MY-RESET can be a decisive choice in one’s healing journey.
