Sports Advertising for Betting is Called for a Ban by the National Consumers League
The National Consumers League (NCL) has taken a stand against sports betting advertisements, particularly those delivered via smartphone push notifications. The organization argues that these marketing tactics violate federal law due to the lack of express written consent and an opt-out mechanism, potentially causing substantial harm, especially to those with gambling disorders.
Eden Iscil, the NCL's Senior Public Policy Manager, compares the emerging tech gaming industry to tobacco, suggesting that if a tobacco company sent daily, multiple push notifications encouraging smoking, it would be similar to what sports betting apps are doing.
The NCL's position follows a study concluding that push notifications dramatically increase user engagement and retention for mobile sports betting apps, intensifying risks for vulnerable consumers. Based on this, they suggest the Federal Trade Commission (FTC) should investigate these practices as unfair or deceptive under its authority.
The NCL's call for a ban is based on a report that found 93% of smartphone push notifications from FanDuel, DraftKings, and BetMGM contained advertising material. More than six in 10 of these notifications encouraged users to place a bet with messaging like "bet now."
The American Gaming Association (AGA), which includes FanDuel, DraftKings, and BetMGM as members, states that its members go to great lengths to ensure responsible betting. Each AGA member has pledged to uphold the association's Responsible Code of Conduct, which includes the promotion of responsible gaming. However, the NCL considers the use of app notifications for advertising and bet-inducing purposes as "extremely invasive" and wants it to not be normalized.
Iscil believes companies should not have access to a consumer's smartphone due to the intrusive nature of push notifications. The FTC defines deceptive business practices as something likely to "mislead a consumer acting responsibly." The NCL argues that the use of push notifications for marketing purposes fits this definition.
The NCL supports a New Jersey bill aimed at banning mobile sports betting advertising altogether, reflecting their advocacy for state-level regulatory action aligned with their national call for a broader ban. The organization also backs the SAFE Bet Act, a federal bill authored by U.S. Rep. Paul Tonko (D-NY) and Sen. Richard Blumenthal (D-CT). This bill aims to ban sports betting ads between 8 a.m. and 10 p.m., during all live sports programming, and limit bettors to making five deposits a day, among other regulations.
The SAFE Bet Act would also require sportsbooks to conduct "affordability checks" on customers making large or atypical bets. Iscil states that sports betting has well-documented addictive and harmful effects, including increased rates of suicide, intimate partner violence, and an elevated risk of bankruptcy. The FTC defines an unfair business practice as the act of causing "substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits."
As of early August 2025, no specific federal law has yet been enacted to ban sports betting advertising or regulate push notification marketing in this context. However, the NCL recommends that regulators like the FTC act against these practices under existing consumer protection statutes. The call to ban sports betting ads, especially smartphone push notifications, remains an active consumer advocacy issue influencing state legislation such as that in New Jersey.
- The National Consumers League (NCL) is criticizing sports betting advertisements, particularly those sent via smartphone push notifications.
- These marketing tactics are seen as violating federal law due to a lack of express written consent and an opt-out mechanism.
- Eden Iscil, the NCL's Senior Public Policy Manager, Comparisons the tech gaming industry to tobacco, suggesting that daily, multiple push notifications for sports betting apps are similar to what a tobacco company would do.
- A recent study found that push notifications significantly increase user engagement and retention for mobile sports betting apps.
- The NCL is urging the Federal Trade Commission (FTC) to investigate these practices as unfair or deceptive under its authority.
- The NCL's report found that 93% of smartphone push notifications from FanDuel, DraftKings, and BetMGM contained advertising material.
- The American Gaming Association (AGA) states that its members go to great lengths to ensure responsible betting, but the NCL considers the use of app notifications for advertising and bet-inducing purposes as "extremely invasive."
- The SAFE Bet Act, a federal bill, aims to ban sports betting ads, limit bettors to five deposits a day, and requires sportsbooks to conduct affordability checks.
- The NCL supports state-level regulatory action, such as the New Jersey bill aimed at banning mobile sports betting advertising altogether.
