DraftKings has quickly become one of the most used sports platforms that allows players to compete in daily and weekly fantasy sports tournaments. Their journey began when Matt Kalish and Paul Liberman were attempting to make a fantasy football app. After receiving positive feedback, they decided to create a platform for fantasy sports and Daily Fantasy Sports (DFS). Liberman and Kalish then recruited Jason Robins, who was a mutual friend, to join their team. The trio started their company in 2011 and later launched their first product, DraftKings, in 2012. It was an instant hit, attracting over a million players in its first year. The company grew quickly and soon became one of the leading fantasy sports sites in the country.
In 2014, DraftKings launched a new product, Showdown, allowing users to create custom fantasy sports contests. This product was extremely successful and helped the company gain even more popularity. In 2015, DraftKings became the first fantasy sports site to receive a license to operate in the United Kingdom. This was a major milestone for the company and helped it expand into the international market.
Today, DraftKings has become one of the top fantasy sports sites in the world. It continues to offer its players a variety of contests and games and is also expanding into other areas such as sports betting and eSports. DraftKings has come a long way since its humble beginnings in 2012, and it is now one of the most popular fantasy sports sites in the world.
Unfortunately, some players have had negative experiences with the platform and may be considering suing DraftKings. Here is a guide on how to sue DraftKings.
Step 1: Check the Terms and Conditions of Your Agreement with DraftKings
Before you can sue DraftKings, you should first check the terms and conditions of your agreement with the company. The terms and conditions will provide information on how to proceed with any legal action. Check to see if there is a dispute resolution clause or a limitation of liability clause. If there is, it will likely stipulate how any disputes should be handled and what the limitations of liability are.
Step 2: Determine the Basis for Your Claim
Once you have read the terms and conditions of the agreement, you should determine the basis for your claim. Are you suing for breach of contract? Are you suing for negligence? Are you suing for fraud? Knowing the basis of your claim will help you build a stronger case and make sure that you have a valid legal argument.
Step 3: Gather Evidence
In order to prove your case, you will need to gather evidence. This could include emails, text messages, logs of your DraftKings account, screenshots of your DraftKings account, and any other relevant documentation. Having these documents will make it easier to prove your case and make a strong argument.
Step 4: File a Complaint with DraftKings
Before you can sue DraftKings, you should first file a complaint with the company. Contact DraftKings’ customer service team and explain your issue. DraftKings may be able to resolve your issue without you having to take legal action.
Step 5: Consider Mediation
If DraftKings is unable to resolve your issue, you may want to consider mediation. Mediation is a process in which two parties come together with a neutral third party to try and come to an agreement. This can be a quick and cost-effective way to resolve your dispute.
Step 6: Consider an Attorney
Once you have determined the proper jurisdiction for your case, you should consider hiring an attorney. An attorney can help you build your case, assess your damages, and file the paperwork necessary to sue DraftKings
Step 7: File a Lawsuit
If you are unable to come to an agreement with DraftKings, then the next step is to file a lawsuit. Before you can do this, you will need to determine the proper jurisdiction for your case. This should be either in the state where DraftKings is based or in the state where you reside.
Suing DraftKings can be a complex process, but if you follow these steps and hire an experienced attorney, you can increase your chances of success. If the situation seems to be a bit smaller than hiring an attorney and filing a civil suit, you can consider small claims court. The benefit of small claims court is that lawyers aren’t required. This makes small claims less intimidating and more affordable for most Americans
With Dispute software, you can start your small claims case by generating, signing, and mailing a demand letter and small claims filing in minutes from your phone or computer. Keep reading below for more info on how to move forward.
Write a Demand Letter
A demand letter is a formal letter asking for payment. Strongly worded demand letters on professional letterhead have a better chance of reaching a settlement out of court than regular letters. At Dispute, you can generate a demand letter in minutes.
- On the top, in the address block, put in the company name and address. You can find the registered agent at the bottom of this page.
- Next, put the subject line as 'Re: Demand for Payment'
- In one sentence, tell them how much the other party owes you which you will claim in your small claims lawsuit.
- Then, in two to three sentences describe your issue.
- Finally, state in plain language that you will go to small claims court if necessary. Don't say that you will do anything else, such as speaking poorly about them.
- On the bottom, include your name and address
How to Send a Demand Letter
After you write the demand letter, you’ll want to send it to their registered agent so that it’s guaranteed to go to the legal department. Make sure that you get a tracking number for the mail you send them. It can become important evidence in your case.
Demand letters are often mailed. But if you don’t have time to find a printer, buy an envelope, and visit a post office, we can mail it for you. Send your demand letter with just a click from the comfort of your home with Dispute.
Start your Small Claims Forms
If the dealership does not pay you after receiving the demand letter, you can file a small claim to win your money back. Although this may sound complicated, small claims is actually less complicated than regular court. There are some county guidelines you’ll have to follow, but filing with Dispute can make it easier on you.
You’ll need to find and prepare your small claims form based on where you decide to sue. Usually, people sue where the defendant lives or does business.
Then, wherever you decide to sue, look up the county's small claims system. They’ll provide details on their website about what small claims forms are necessary. You can read more about the small claims process here.
Serve your Small Claims Paperwork
One of the last steps before your trial will be to physically give the small claims paperwork to the defendant. This is called “serving” the defendant. You can’t serve the defendant yourself, but you can find someone else to do it. Many people hire professional process servers. There are legal guidelines that you must follow so that your case can go to court.
Defendants may sometimes avoid service. In order to keep your court date, you should hire a professional process server so that you can be sure all legal guidelines are appropriately followed.
Attend your Small Claims Trial
On the date of your small claims trial, be sure to arrive early and well prepared. Bring at least three copies of all evidence you intend to present, and if your hearing is remote be sure to have provided copies in advance to the other party and to the court. Failure to follow the strict local guidelines can result in your case being dismissed, but if you’ve followed the rules then you can often win by default when the other party doesn’t show up.
How Much it Costs
So how much will you spend by suing in small claims court?
- Court Filing Fees: The amount you will pay to file a small claims lawsuit depends on how much you are suing for and where you are suing. You can expect to pay between $30 to $400 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.
- Serving Costs: Once the lawsuit is filed, you must notify the defendant that you have sued them. This is called "serving." Serving Costs can range from $20-100 depending upon the local area.
Remember, if you win, you can request that the other party pay for your court fees and serving costs.
The Benefits of Small Claims Court
- Court filing fees are cheaper in small claims than in other courts.
- The process is faster in small claims than in other courts, as your hearing will usually be scheduled 30-70 days after you file the lawsuit.
- Lawyers are generally not allowed in small claims, which helps keep the costs of suing low.
Taking the First Step in Your Lawsuit
If all of this work seems complicated or daunting, rest assured that it's easier than it initially seems. 2.7 million small claims court cases are filed annually in the US, which is only growing as more people realize how easy it is to enforce their legal rights in court.
Suing can be a complex and challenging process. It's essential to gather evidence and understand the legal process. If you believe that you have been the victim of this crime, don't hesitate to seek legal advice. By taking action, you can hold the company accountable for its actions and receive the compensation you deserve.
