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FantasyHub is a member of the Fantasy Sports Trade Association (FSTA), the legislative advocacy arm of the DFS industry.
Members of the FSTA are required to keep player funds segregated from operational accounts to remain in compliance with the FSTA’s paid operator charter (which has since been removed from the website).
At the same time that FantasyHub is refusing to pay players, the FSTA is aggressively pushing bills in almost half of the United States that would either:
The upshot: The FSTA is advocating DFS bills that would do absolutely nothing to prevent the FantasyHub scandal from unfolding over and over again.
Regulation has an important role to play in the fantasy sports industry.
While regulation may not have prevented the collapse of FantasyHub, a strong regulatory structure – such as the one developed by the New Jersey Division of Gaming Enforcement for NJ’s regulated online casino market – would be, at a minimum, capable of anticipating and mitigating such situations.
But the type of regulation advanced by the FSTA – effectively self-regulation by another name – would accomplish neither.
Consider: The FSTA model bill would require nothing more an annual third-party audit to ensure that DFS operators are holding player funds in a segregated, protected account.
It gets better. The third party auditor is selected and paid not by the state, but by the operator being audited.
That is worse than no protection. It is no protection while providing the illusion of protection.
At least in an unregulated environment, players understand that they’re on their own and can adjust accordingly.
With no transparency, it’s impossible to say for sure. But the logical explanation is that they aren’t paying because they don’t have the money.
Why wouldn’t they have the money? Weren’t they supposed to be keeping player balances segregated?
I don’t have any direct insight. But I can envision a plausible scenario.
Imagine a DFS site raised money in a favorable environment (pre-October) and then those backers got cold feet about actually sending the checks once the environment became less hospitable following the DraftKings data leak and NY Attorney General Eric Schneiderman’s action against the DFS industry.
Left without the funds they assumed would be available to operate, it’s not hard to imagine a DFS site raiding player balances as a stopgap measure.
It’s worth noting that such a lack of transparency would never exist in a tightly regulated environment, but almost certainly would emerge under the FSTA’s proposed self-regulatory approach.
FantasyHub’s represented that players could support charitable endeavors while playing DFS at the site, as a slice of the contest money was said to be directed to various charities.
The FSTA consistently puts fantasy sports players at the locus of their push for bills that would legalize DFS.
The organization bills itself as “committed to protecting the rights of all Americans who play fantasy sports,” and cites “the best interests of customers” and the need to “protect fantasy sports players” as its driving motivation behind shaping legislation and regulation.
An organization that would advocate a regulatory approach that would do nothing to prevent theft of player funds like the one we’re seeing with FantasyHub cannot credibly make such claims.
Lawmakers and fantasy sports players should recognize the organization for what it is: not a true voice for the average fantasy sports consumer, but a cynical mouthpiece for the commercial interests of a few companies.