Attorney General Opinions On Daily Fantasy Sports

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

StateOpinion/statement on DFS legalityStory about opinionOfficial opinion (if offered)Latest news/updates
AlabamaDFS is illegal gambling under state law.Alabama Attorney General Tells DraftKings, FanDuel To Cease And DesistNAFanDuel And DraftKings Pull Out Of Alabama Ahead Of Attorney General’s Deadline
ConnecticutDFS could run into issues with tribal gaming compacts under proposed legislation; no opinion on current lawOpinion
DelawareDFS is illegal gambling under state law; rendered moot by new law.DraftKings, FanDuel, Yahoo Get Cease-And-Desist Letters In DelawareNANA
FloridaAG has repeatedly deferred to a U.S. Attorney's office in the state.Fantasy sports: playing for the futureNANA
GeorgiaA 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 ScuttledNANA
HawaiiDFS is illegal gambling under state law.Hawaii Attorney General: Daily Fantasy Sports Is Gambling Under State LawOpinionHawaii Prosecutor to Fantasy Sports Sites: Stop Taking Bets
IdahoDFS is illegal gambling under state law.DraftKings, FanDuel Pull Up Roots In Idaho: AG Says Daily Fantasy Sports Are Illegal GamblingPress releaseNA
IllinoisDFS is illegal gambling under state law.Illinois Attorney General Says DFS Is Gambling; Expects DraftKings, FanDuel To Leave StateOpinionIllinois Daily Fantasy Sports Bill Dead For Now; Focus Returns To DraftKings, FanDuel Lawsuits
KansasIssued an opinion supporting the legality of a bill legalizing DFS.Kansas Attorney General Issues Fantasy Sports Opinion Clearing Way For BillOpinionKansas Governor Signs Fantasy Sports Bill, Legalizing DFS
MarylandLegality 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’OpinionStakes Are High For Daily Fantasy Sports Industry In Maryland
MassachussettsDFS is legal under state law.Massachusetts Attorney General Says Daily Fantasy Sports Legal NAMassachusetts Governor Baker Signs Bill Legalizing Fantasy Sports
MississippiDFS is illegal gambling under state law; rendered moot by new law.Mississippi Attorney General: Daily Fantasy Sports Is Illegal HereOpinionMississippi Becomes Latest State To Enact Fantasy Sports Law
NevadaDFS 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 LicenseOpinionDraftKings, FanDuel Shut Out Of Nevada? Governor Says “No Need For Changes”
New YorkDFS 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 AnswersCease and desist letter Judge: New York Daily Fantasy Sports Are Illegal Gambling; What’s Next For DraftKings, FanDuel?
OhioDFS legality is unclear under state law.Ohio’s New Daily Fantasy Sports Bill, And Why Framing Matters At The State LevelMemoNew Ohio Fantasy Sports Bill Sets Stage For Battle In 2017
Rhode IslandDFS is legal under state law.Rhode Island AG: Daily Fantasy Sports Are Legal, Encourages RegulationOpinionNA
South DakotaDFS operates in a gray area.South Dakota’s AG On Daily Fantasy Sports: Won’t Pursue Indictments, Will Consider ‘Civil Remedies’StatementNA
TennesseeDFS is illegal gambling under state law; rendered moot by new law.Tennessee AG Follows Alabama, Says Fantasy Sports Are IllegalOpinionTennessee Governor Signs Daily Fantasy Sports Bill; Third State To Enact DFS Law
TexasDFS is illegal gambling under state law.Texas Attorney General Concludes Daily Fantasy Sports Is Gambling: Answers And AnalysisOpinionFanDuel Leaving Texas In May After Settlement With AG Paxton
VermontDFS is illegal gambling under state law; rendered moot by new law.Vermont AG’s Office Says DFS Is Illegal GamblingNANA
West VirginiaDFS is generally legal under state law.West Virginia Attorney General On Fantasy Sports: State ‘Does Not Prohibit’ ContestsNANA
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