U.S. Rep. Paul Tonko (D-NY) is not satisfied with FanDuel‘s answers to Congress, and he’s using the response to renew his call for federal sports betting reform.
Tonko, along with fellow lawmakers Sen. Richard Blumenthal (D-CT) and Rep. Valerie Foushee (D-NC), had sent a letter to FanDuel inquiring about VIP programs and responsible gambling, following a 2024 Bryce Harper video made public last month.
FanDuel’s Senior VP of public policy & sustainability Cory Fox responded to Congress days later. Tonko commented his thoughts to LSR on Tuesday afternoon.
“Unsurprisingly, FanDuel is using the broken ‘responsible gaming model’ to shield themselves from any possible wrongdoing and place the blame entirely on the consumer,” Tonko explained. “FanDuel and other sportsbooks have proven themselves to be incapable and unwilling to protect their customers from this dangerous, addictive product.
Tonko also pushed to pass the SAFE Bet Act.
Questions FanDuel did not answer
Congress asked FanDuel a total of eight questions, after demanding the operator end its VIP program. FanDuel did not answer the following five:
- How many VIP bettors have attempted to cut back their betting activity or close their accounts but were instead offered exclusive perks or offers? How many decided to keep betting after such offers?
- How many times have VIP managers sent videos from players or other celebrities to a member in order to keep them engaged in gambling on the platform, and were those players made aware of the purpose of those videos?
- Does FanDuel ever target VIP promotions and perks to bettors who are on a losing streak or appear to be cutting back on wagering?
- What specific factors does FanDuel consider when identifying “potentially problematic behaviors” and why has this allowed FanDuel to use its VIP program to encourage destructive gambling?
- In light of the clear dangers posed by FanDuel’s VIP program to problem gamblers, will FanDuel suspend or terminate this program?
Despite FanDuel, in some way, addressing three of the questions, Tonko called the responsible gaming model “broken.”
Renewed push for SAFE Bet Act
Tonko and Blumenthal authored the SAFE Bet Act for the second time March 2025. FanDuel’s unsatisfactory answers gave Tonko another chance to push for legislation.
“Congress must take action to protect consumers by passing my SAFE Bet Act that reins in this out-of-control industry and puts sports back in the hands of the fans,” Tonko added to LSR.
The bill includes the following provisions:
- Designating a state regulatory entity to regulate sports betting operators and enforce state laws
- Prohibiting operators from marketing during live broadcasts of sporting events
- Prohibiting betting by individuals under 21 or members of sports organizations,
- Implementing affordability protections such as certain deposit limits and income verification,
- Requiring operators to allocate funding for treatment and education on gambling disorders, and
- Facilitating a state self-exclusion list, including a national list, so individuals may voluntarily restrict or place limits on their sports betting
However, since re-introduction in March, the bill has stalled. It faces strong resistance from gambling lobbyists and the American Gaming Association.
