Congress presses BetMGM, Caesars, DraftKings, Fanatics, Kalshi and Polymarket on VIP programs, with answers due November 5

What the lawmakers sent

The three Democrats released the text of the letter addressed to BetMGM chief executive Adam Greenblatt and said matching letters had gone to Caesars, DraftKings, Fanatics, Kalshi and Polymarket. VIP programs are "driving the gambling industry's most susceptible customers into debt and addiction," they wrote, through rewards tied to betting ever larger amounts. They listed perks such as access to exclusive events, videos from celebrities and athletes, and Super Bowl tickets, and said account managers assigned to VIP customers can push promotions to bettors "who exhibit clear signs of gambling addiction, even messaging them up to 100 times a day," citing earlier press reporting.

The letter points to three published accounts: a Philadelphia Inquirer report that FanDuel sent a VIP customer with a gambling addiction a personal video from Phillies first baseman Bryce Harper; a New York Times report on DraftKings' use of AI to identify customers likely to lose; and a ProPublica investigation in which a reporter who deliberately bet like a problem gambler was offered DraftKings VIP status. Blumenthal, Tonko and Foushee had already written to FanDuel about its use of celebrity videos, and this round extends the same questions to other operators.

The questions in the VIP letters

Using BetMGM Rewards as the example, the lawmakers asked each company to provide:

• the number of bettors enrolled in its VIP program;
• the average loss or gain of those bettors in the six months before enrollment, and after enrollment;
• how many VIP customers tried to cut back or close their accounts but were offered exclusive perks instead, and how many kept betting;
• VIP program revenue;
• a full list of perks, offers and services, including any videos from players or celebrities;
• the review process before a VIP offer, including whether the company checks prior losses, past requests to suspend accounts or limit gambling, signs of problem gambling, and financial hardship;
• whether VIP managers are coached to build personal relationships to encourage more gambling;
• whether AI is used to track and target gamblers with perks and promotions, and what data is used.

Prediction markets in the same letter

Kalshi and Polymarket received the same request as the sportsbooks. The letter cites Kalshi's Platinum program, which it says offers merchandise, special events and account managers, and argues that prediction markets offer their products "in states where sports betting is not legal." Prediction markets regulated by the Commodity Futures Trading Commission (CFTC) treat their customers as traders rather than bettors, but the letter makes no such distinction and asks both groups the same questions about losses and retention perks.

That fits a wider pattern of scrutiny. State regulators have been testing their powers over the platforms, including the New York Gaming Commission's court petition to enforce a subpoena against Kalshi, while the CFTC itself recently stayed ProphetX's NFL "Scorigami" contracts.

Where VIP rules stand

Congress has not passed a federal law on sports betting VIP programs, and the letters do not create one. Rules on VIP schemes are set state by state. In Pennsylvania, a bill now before the legislature would ban VIP programs, microbets and credit card deposits for online gambling. The November 5 deadline is a request: the companies are not legally required to answer a letter from individual members of Congress, and none of the six had publicly said whether it would.