Stop Abusive Push Notifications: Privacy Advocates Urge FTC to Regulate Gambling Apps

The world of mobile betting and prediction markets is growing at a breakneck pace, but with this success comes a surge in complaints regarding aggressive marketing tactics. On August 27, 2026, the Electronic Privacy Information Center (EPIC) officially supported a coalition calling for radical changes from the US Federal Trade Commission (FTC). The focus is on push notifications, which many users perceive as a persistent nuisance. These short messages on the lock screen are often sent without explicit consent and are difficult to separate from vital account security alerts.

The criticism is directed at prominent operators such as DraftKings, FanDuel, and BetMGM, as well as prediction market platforms like Kalshi and Polymarket. A central issue is the bundling of communications. Users are frequently forced to either accept all notifications or disable them entirely. Consequently, anyone wishing to stop receiving prompts for the next bet might also miss critical information regarding account breaches or withdrawal confirmations. Petitioners are now demanding that marketing pushes be treated legally like emails or text messages, which are already subject to strict opt-in regulations.

Numbers and facts

The economic scale is massive. In the 2025 fiscal year, sports betting revenue approached $17 billion, with a total of $167 billion wagered nationwide. The growth in prediction markets has been particularly dramatic.

"In December 2025, $12 billion was traded on Kalshi and Polymarket alone, representing an estimated 400 percent increase from the year before." - Excerpt from the EPIC coalition comment

Research by the National Consumers League (NCL) highlights the intensity of these promotions: in a 2025 sample, 93 percent of notifications from three leading sportsbook apps consisted purely of marketing content. Often, these messages are timed to maximize psychological triggers, such as dopamine hits. Experts label these practices as dark patterns - manipulative design elements intended to harm users or nudge them into actions they would otherwise avoid.

Background

The coalition, which includes EPIC, the Campaign for Fairer Gambling, and the National Council on Problem Gambling, has submitted specific draft language for new regulations. These rules would require apps to obtain separate, written consent for marketing notifications. Furthermore, a disclosure requirement would be introduced. Providers would have to be transparent about how many marketing pushes an average user receives per week.

"Abusive push notifications are a known 'dark pattern'—a design feature that manipulates and harms users." - EPIC statement from August 27, 2026

While DraftKings has since introduced a separate toggle for marketing content, many other providers lag behind. The reach is particularly concerning: according to surveys, more than a quarter of Americans hold an active online sports betting account, with the figure rising to 52 percent among men aged 18 to 49. Advocates describe the combination of an addictive activity and addictive design features as a recipe for disaster.

Why it matters for German players

For German players, the situation is already much more strictly regulated by the State Treaty on Gambling 2021 (GlüStV 2021) compared to the US. The Joint Gambling Authority of the States (GGL) ensures that advertising is not misleading and does not create excessive incentives to gamble. Providers licensed in Germany and appearing on the official whitelist are prohibited from sending aggressive push notifications that violate youth protection laws or advertising bans for vulnerable individuals. Additionally, the monthly deposit limit of 1,000 euros and the stake limit of 1 euro per spin on virtual slots mitigate potential harm.

The LUGAS system ensures that these limits are maintained across different providers. Those playing with a GGL-licensed operator in Germany are largely shielded from the excesses described in the US report. Nevertheless, the debate illustrates that the technical regulation of apps remains a global issue. German users should regularly check their smartphone notification settings and, if in doubt, only allow security-related alerts.

What it means for GGL-licensed casinos

Operators with a GGL permit must continuously adapt their marketing strategies to strict German guidelines. While the US is currently debating basic consent, German casinos must already present detailed player protection concepts. Aggressive marketing via push services could quickly lead to the revocation of a license in Germany. The GGL monitors the market closely and utilizes systems like LUGAS to guarantee compliance. Fair competition is only possible if everyone adheres to the clear mandates of the GlüStV 2021, which effectively excludes dark patterns such as manipulative notifications.