Massachusetts Gaming Commission Resolves PHAI Lawsuit, Begins Sharing Casino Player Data With Researchers

The Massachusetts Gaming Commission (MGC) has resolved a lawsuit brought by the Public Health Advocacy Institute (PHAI) after implementing a long-standing statutory requirement to collect anonymized casino player data and make it available to qualified researchers.

PHAI announced July 23 that it had agreed to dismiss its lawsuit after MGC completed the steps required under Section 97 of the state’s 2011 Expanded Gaming Act. The MGC website now has a live page where researchers can apply to gain access to anonymized behavioral data from casino licensees.

Lawsuit Prompted Compliance With State Law

The 2024 lawsuit alleged the MGC had failed to comply with Section 97. The mandatory provision requires casino operators to collect player-tracking data and share anonymized versions with researchers studying gambling behavior.

The law also requires MGC to contract with a nonprofit organization to remove personal information before making the anonymized data available for researchers.

Researchers may use the information to study player behavior. That includes studying how gambling addiction develops to create strategies to reduce problem gambling. The law also requires MGC to collect reports from researchers that could aid future gambling regulation.

According to the complaint, MGC decided not to start collecting data after the state’s first casino opened in 2015. After all three commercial casinos had opened in 2019, the regulator still failed to begin collecting the information as required by law.

PHAI sought a writ of mandamus requiring the Commission to comply with the law or a declaration that it had failed to meet its statutory obligations.

Commission Established Data Access Process

According to PHAI, the Commission took the necessary steps after the lawsuit was filed.

After PHAI filed suit against the Commission in July 2024, the Commission finally took the steps needed to collect player data from its casino licensees, to anonymize and store the data, and to make the data available to researchers,” PHAI Litigation Director Andrew Rainer said.

According to PHAI, MGC contracted with the University of Massachusetts in 2025 to store and anonymize the data. The regulator completed the process earlier this month, opening the application for qualified researchers to request access.

MGC’s application portal includes a brief version of the player data dictionary that can be requested. It includes player demographics, loyalty program information, session start and end times, wager amounts, average bets, win and loss data, jackpot activity, game characteristics and other behavioral metrics collected from Massachusetts’ three commercial casinos.

The application materials state that the full data dictionary is provided to approved researchers to assist with their work.

Mission accomplished!” said PHAI attorney Jacob Wolk. “We are pleased to join with the Commission today in asking the Court to dismiss the lawsuit, because it has achieved its entire purpose.”

The organization said it now considers the objectives of the litigation fulfilled.

PHAI Calls for Similar Requirements for Sports Betting

Although the lawsuit concerned casino gaming, PHAI said it wants Massachusetts to adopt similar data-sharing requirements for sports betting operators.

Executive Director Mark Gottlieb said the organization intends to work with lawmakers to require sportsbooks to provide anonymized customer data for research purposes.

This kind of player data should now be collected from sports gambling companies, whose business in Massachusetts has exploded since sports gambling was legalized in 2023,” Gottlieb said.

Gottlieb cited Sen. John Keenan’s Bettor Health Act as an example of that type of legislation. The bill includes provisions such as expanded data collection, a ban on college prob bets, affordability assessments, and restrictions on certain sportsbook marketing practices. It advanced from a joint chamber committee earlier this year but stalled afterward.

PHAI Continues Broader Gambling Litigation Campaign

The MGC case is one of several gambling-related legal actions PHAI has pursued in recent years.

The organization continues to litigate a Massachusetts class action against DraftKings. PHAI alleges the operator used deceptive sportsbook promotions. Earlier this year, a judge denied most of DraftKings’ motion for summary judgment, allowing much of the case to proceed.

In Pennsylvania, PHAI also sued Caesars Online Casino and Harrah’s Philadelphia over a “$2,500 deposit match” promotion. The organization alleged that consumers were required to wager up to $375,000 within seven days to collect the advertised bonus or withdraw winnings.

Earlier this year, PHAI filed another high-profile lawsuit against DraftKings, FanDuel, Genius Sports and the NFL. The organization alleges the defendants developed and marketed sportsbook products centered on live microbetting that encourage addictive gambling behavior.

Last week, the defendants moved to dismiss the case, claiming the plaintiffs cannot use Pennsylvania consumer protection laws.