U.S. Congress subpoenas FanDuel for VIP customer data and celebrity videos

FanDuel has received a formal request from the United States Congress to provide data on how it identifies and markets to its VIP customers, the recordings with celebrities sent to users, and whether gambling-risk information was used in marketing. Senators Richard Blumenthal and Representatives Paul Tonko and Valerie Foushee asked for a response before 20 October. The request expands an inquiry opened after a video featuring Bryce Harper.

Congressional demand on FanDuel VIP and celebrity videos

Lawmakers are asking FanDuel for records that explain what information determines who is admitted to its VIP programme and who receives personalised content. In the congressional letter the members request:

• accounts of wins and losses associated with each recipient

• account restrictions and any prior self-exclusion requests tied to those users

• all video recordings sent as gifts or promotions, and details on how recipients were chosen

• documentation indicating whether the people appearing in the videos knew how the recordings would be used

The letter cites that FanDuel informed Congress on 24 September that it sent around 30 videos with athletes and celebrities to customers over two years as "thank-you gifts." Lawmakers found that explanation insufficient and demand the full evidence before the deadline.

"In addition, FanDuel claims to monitor a range of behaviors through 'automated and manual proactive reviews to identify players who may be experiencing gambling harm,' yet does not provide a full picture of how it uses this information, including whether that same data is used to target bettors with such predatory promotions." — Letter from the senators and representatives

How FanDuel VIP selects customers: the central question

The inquiry focuses on whether the same data FanDuel says it uses to identify signs of gambling harm — automated and manual reviews — also feed its selection of VIP customers and the delivery of personalised promotions. Lawmakers have requested evidence showing a direct relationship, if any, between risk monitoring and marketing actions.

FanDuel initially responded after the incident that prompted the probe, but the members noted on 3 September that that first reply left questions unanswered. The company submitted a second communication on 24 September, where it quantified the videos sent. Even so, Congress expanded its request in October for more detailed records about push notifications, retention bonuses, personalised promotions and other benefits offered to the affected accounts.

The Bryce Harper case and widening debate

Media attention focused on a Bryce Harper video, the Major League Baseball player, recorded via the Cameo platform in November 2024 at the request of a FanDuel employee identified as Bryttanni. That video later reached Terry Thompson, the plaintiff who alleges in his suit against FanDuel and DraftKings that betting incentives contributed to his gambling losses. The congressional letter states Thompson had lost $1.5 million on FanDuel.

Harper publicly said in July that he did not know his video would be used in a FanDuel VIP promotion and that he had no affiliation with the company: "I did not know the Cameo video would be used for a FanDuel VIP promotion, and I have no affiliation with FanDuel whatsoever," he posted on Instagram. The controversy prompted a response from the Major League Baseball Players Association in August, which expressed support for banning players from recording personalised videos for sportsbook promotions.

Exactly what documentation Congress is requesting

In addition to the videos and recipient-selection records, the lawmakers’ request asks FanDuel to deliver:

1. Records of winnings and losses by account linked to each video sent.

2. History of restrictions applied to accounts and records of self-exclusion requests.

3. Details on whether the people appearing in the videos were informed of the promotional use of their content.

4. Records of commercial communications: push notifications, retention bonuses, personalised promotions and any other incentives delivered to the users in question.

The members want to understand whether the platform combines harm signals with commercial criteria to segment vulnerable users and offer them incentives.

Industry reactions and implications for VIP marketing

The widening inquiry puts the practice of sending personalised messages featuring public figures under broader scrutiny. The Major League Baseball Players Association has already stated support for measures preventing players from participating in sportsbook VIP promotions. Industry sources say that if it is proven that harm-data are used for marketing, operators running VIP programmes will need to review compliance and player-protection policies.

For operators and CRM and campaign-management suppliers, the request raises concrete questions about auditability and traceability of decisions: how the selection of a recipient is documented, what records the operator retains, and how it proves sensitive data were not shared between compliance teams and commercial teams.

Next steps and timetable

Congress demands a response before 20 October. If FanDuel provides the requested documents, lawmakers will assess whether hearings or new regulatory measures are needed. The case has also attracted media and sports-association attention, which could prompt internal policy changes in leagues and sponsorship agreements.

As a betting markets correspondent, I will follow FanDuel's submission of documents and any further Congressional action or reactions from sports leagues and player-protection bodies. Meanwhile, the debate over the intersection of risk monitoring and VIP marketing will remain on the regulation and compliance agenda.