Last updated: Sept. 1, 2019
The current legality of daily fantasy sports is a hot-button topic in jurisdictions across the United States. While the legality had previously just been a topic of contemplation for gaming lawyers, the discussion has spilled into the highest levels of government, including attorneys general and statehouses.
In recent years, more than a dozen attorneys general have weighed in on DFS — either officially or unofficially. Operators are taking different approaches to serving users in many of these states.
Previously, all operators stayed out of four states based on current law, without an AG opinion: Montana, Iowa, Washington, and Arizona.
It’s important to note that the weight and meaning of opinions of attorneys general vary by state. For example, an opinion from an AG saying that DFS is illegal does not necessarily mean DFS is banned or illegal in “x” state. In fact, in many of the states below, an AG opinion doesn’t necessarily carry the force of law, and is simply that AG’s view on legality.
Here’s a snapshot of the opinions and current status of DFS in the states where AGs have weighed in.
- Legal
- Illegal/requires gambling license
- Opinion offered, but no conclusion under state law, or other AG action
- AG opinion rendered moot by new law
| State | Opinion/statement on DFS legality | Story about opinion | Official opinion (if offered) | Latest news/updates |
|---|
| Alabama | DFS is illegal gambling under state law. | Alabama Attorney General Tells DraftKings, FanDuel To Cease And Desist | NA | FanDuel And DraftKings Pull Out Of Alabama Ahead Of Attorney General’s Deadline |
| Connecticut | DFS could run into issues with tribal gaming compacts under proposed legislation; no opinion on current law | | Opinion | |
| Delaware | DFS is illegal gambling under state law; rendered moot by new law. | DraftKings, FanDuel, Yahoo Get Cease-And-Desist Letters In Delaware | NA | NA |
| Florida | AG has repeatedly deferred to a U.S. Attorney's office in the state. | Fantasy sports: playing for the future | NA | NA |
| Georgia | A deputy attorney general wrote that DFS is illegal gambling in a letter to the Georgia Lottery. | Georgia AG Latest To Say Daily Fantasy Sports Are Illegal Gambling; DFS Bill Scuttled | NA | NA |
| Hawaii | DFS is illegal gambling under state law. | Hawaii Attorney General: Daily Fantasy Sports Is Gambling Under State Law | Opinion | Hawaii Prosecutor to Fantasy Sports Sites: Stop Taking Bets |
| Idaho | DFS is illegal gambling under state law. | DraftKings, FanDuel Pull Up Roots In Idaho: AG Says Daily Fantasy Sports Are Illegal Gambling | Press release | NA |
| Illinois | DFS is illegal gambling under state law. | Illinois Attorney General Says DFS Is Gambling; Expects DraftKings, FanDuel To Leave State | Opinion | Illinois Daily Fantasy Sports Bill Dead For Now; Focus Returns To DraftKings, FanDuel Lawsuits |
| Kansas | Issued an opinion supporting the legality of a bill legalizing DFS. | Kansas Attorney General Issues Fantasy Sports Opinion Clearing Way For Bill | Opinion | Kansas Governor Signs Fantasy Sports Bill, Legalizing DFS |
| Maryland | Legality of 2012 fantasy sports law is in question because a referendum was not held. | Maryland AG: Legislature ‘Should Clarify Whether Daily Fantasy Sports Are Authorized’ | Opinion | Stakes Are High For Daily Fantasy Sports Industry In Maryland |
| Massachussetts | DFS is legal under state law. | Massachusetts Attorney General Says Daily Fantasy Sports Legal | NA | Massachusetts Governor Baker Signs Bill Legalizing Fantasy Sports |
| Mississippi | DFS is illegal gambling under state law; rendered moot by new law. | Mississippi Attorney General: Daily Fantasy Sports Is Illegal Here | Opinion | Mississippi Becomes Latest State To Enact Fantasy Sports Law |
| Nevada | DFS is gambling under state law; operators require a license. | Nevada Gaming Says Daily Fantasy Sports Is Gambling Under State Law, Illegal To Offer Without State License | Opinion | DraftKings, FanDuel Shut Out Of Nevada? Governor Says “No Need For Changes” |
| New York | DFS is illegal gambling under state law; opinion rendered moot under new law. | New York Attorney General Says DraftKings, FanDuel Must Cease And Desist: Questions And Answers | Cease and desist letter | Judge: New York Daily Fantasy Sports Are Illegal Gambling; What’s Next For DraftKings, FanDuel? |
| Ohio | DFS legality is unclear under state law. | Ohio’s New Daily Fantasy Sports Bill, And Why Framing Matters At The State Level | Memo | New Ohio Fantasy Sports Bill Sets Stage For Battle In 2017 |
| Rhode Island | DFS is legal under state law. | Rhode Island AG: Daily Fantasy Sports Are Legal, Encourages Regulation | Opinion | NA |
| South Dakota | DFS operates in a gray area. | South Dakota’s AG On Daily Fantasy Sports: Won’t Pursue Indictments, Will Consider ‘Civil Remedies’ | Statement | NA |
| Tennessee | DFS is illegal gambling under state law; rendered moot by new law. | Tennessee AG Follows Alabama, Says Fantasy Sports Are Illegal | Opinion | Tennessee Governor Signs Daily Fantasy Sports Bill; Third State To Enact DFS Law |
| Texas | DFS is illegal gambling under state law. | Texas Attorney General Concludes Daily Fantasy Sports Is Gambling: Answers And Analysis | Opinion | FanDuel Leaving Texas In May After Settlement With AG Paxton |
| Vermont | DFS is illegal gambling under state law; rendered moot by new law. | Vermont AG’s Office Says DFS Is Illegal Gambling | NA | NA |
| West Virginia | DFS is generally legal under state law. | West Virginia Attorney General On Fantasy Sports: State ‘Does Not Prohibit’ Contests | NA | NA |
Dustin Gouker -
Dustin Gouker has been a sports journalist for more than 15 years, working as a reporter, editor and designer -- including stops at The Washington Post and the D.C. Examiner.
