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California Attorney General Set to Crack Down on Daily Fantasy Sports
July 25th, 20254 mins

California Attorney General Set to Crack Down on Daily Fantasy Sports

While the legal opinion of the office of the Attorney General about fantasy sports was released last July 3, it is only now that it is taking action against DFS operators. Attorney General Rob Bonta has announced that action is on the horizon for online fantasy sports platforms after the platforms were said to be violating state law. The Attorney General of California, Rob Bonta, has made it clear this week that enforcement action is imminent against online fantasy sports platforms that continue to run in the state despite being declared illegal. Speaking at a virtual press conference, Bonta stated, "The next step is our enforcement, and laws are meant to be enforced," in response to questions. His comments follow a legal opinion released on the 3rd of July, in which Bonta determined that daily fantasy sports platforms violate California law because they constitute a form of sports betting - an activity that remains illegal in the state. Legal opinion marks a first for the state This is the first time a California attorney general has formally responded to a request for an opinion on the legality of DFS platforms. In contrast, previous attorneys general, including Kamala Harris and Xavier Becerra, declined to weigh in despite pressure from lawmakers and tribal gaming interests. Bonta explained that he responded to the request because the law requires him to do so once it is formally submitted. "It's our duty, not our discretion, but we are mandated, we shall respond and provide an opinion as appropriately requested under the law," said Bonta. "We must, and we did." Bay Area Assemblyman Marc Levine originally pushed for action as far back as 2015, urging Harris to investigate and shut down sports betting websites. It wasn't until this year, under Bonta's tenure, that the state issued a definitive legal position. Popular fantasy platforms still operating in the state Despite the attorney general's legal opinion, several major daily fantasy sports sites were still accessible to Californians as of Tuesday. These include Underdog Fantasy and PrizePicks - two of the most popular platforms in the country. Neither company has issued a public statement in response to Bonta's announcement, nor has the broader Coalition for Fantasy Sports, which represents their interests. Additionally, DraftKings and FanDuel, which operate independently from the coalition but also offer DFS games, continue to list California as a legal jurisdiction on their websites. Tribal groups urge action, back Bonta financially Tribal gaming organizations have been vocal in their support of enforcing California;s gambling laws, particularly when it comes to curbing unlicensed digital sports betting platforms. The California Nations Indian Gaming Association, a powerful voice in state gambling policy, issued a call earlier this month for immediate enforcement following Bonta's legal opinion. Financial disclosures show that CNIGA's member tribes have been consistent political supporters of Bonta, contributing a total of $334,700 to his campaigns over the years. This includes donations from his time in the State Assembly starting in 2014 through his current role as Attorney General. For his 2026 reelection campaign, Bonta has already received $71,800 from several gaming tribes. In contrast, online fantasy sports companies have made no political contributions to Bonta. 2026 election looms as Bonta takes a stand With an eye on reelection in 2026, Bonta's firm stand against unlicensed sports betting platforms may resonate with influential tribal interests and voters concerned with regulating online gambling. His office now faces the challenge of enforcing his legal opinion in a digital marketplace where platforms continue to operate freely, at least for now. When asked directly whether he would pursue those companies still offering services in California, Bonta's answer was unequivocal: "Absolutely." The coming weeks may reveal just how aggressive the attorney general's office will be in taking legal or regulatory steps to shut down these platforms.

California Attorney General: DFS Is Illegal Gambling
July 7th, 20255 mins

California Attorney General: DFS Is Illegal Gambling

Finally, the much-anticipated opinion of the California Attorney General's office on the state of Daily Fantasy Sports has been released. AG Rob Bonta's office has declared fantasy sports as illegal, and says that it breaches the penal code primarily because it involves sports betting. But the governor of California, Gavin Newsom, opposes the decision. In a high-profile political and legal development, California Governor Gavin Newsom has expressed clear opposition to Attorney General Rob Bonta's recent legal opinion condemning paid fantasy sports in the state. The long-anticipated opinion, officially released on July 3, argues that daily fantasy sports contests - both pick'em and draft-style formats - violate California's laws prohibiting sports betting. While Bonta's office insists the opinion aligns with existing law under Penal Code section 337a, Governor Newsom has taken a markedly different stance, emphasizing that the opinion is not binding and calling for constructive engagement with stakeholders. Governor Newsom challenges AG's viewpoint Responding swiftly to the release, Newsom's spokesperson, Izzy Gardon, distanced the governor's office from the opinion. "The attorney general, in his independent capacity, issued this opinion - not the governor's office," Gardon said. "While the governor does not agree with the outcome, he welcomes a constructive path forward in collaboration with all stakeholders." The governor's remarks raise questions about whether the opinion will have immediate implications for the legality of fantasy sports in California, especially given the fact that attorney general opinions are advisory and do not carry the force of law. Opinion classifies DFS as illegal sports betting The opinion itself spans over 60 pages and draws a firm legal line, declaring both major DFS formats - such as pick'em-style and draft-style contests - as forms of illegal sports wagering. In particular, Bonta's office labeled pick'em contests - where participants predict athlete performance relative to statistical benchmarks - as "clearly" in violation of the penal code. "Pick'em participants clearly place bets on the outcome of sporting events," the opinion states, equating such formats to proposition bets and parlays commonly found in traditional sports betting. Draft-style fantasy contests, in which users select rosters of real athletes and earn points based on their statistical output, also failed to pass legal boundaries. The opinion rejected arguments that such games qualify for legal exemptions for skill-based contests or competitions. Instead, it asserted these contests represent a wager on the performance of third parties and are comparable to "bookmaking operations." Industry and operators push back Major players in the fantasy sports industry were quick to denounce the opinion, aligning themselves with Governor Newsom's stance. The Coalition for Fantasy Sports - a trade body representing companies like PrizePicks, Underdog, Splash, Dabble, and Betr - expressed strong disagreement with Bonta's conclusions. "We agree with Governor Newsom - AG Bonta got it wrong," said JT Foley, executive director of the Coalition. "The law has not changed, a fact the last two Attorneys General, Kamala Harris and Xavier Becerra, recognized as they specifically declined any similar action." FanDuel, one of the two largest DFS operators alongside DraftKings, echoed calls for dialogue. "We look forward to meeting with the Attorney General's office to talk through our next steps," a FanDuel spokesperson stated. In the lead-up to the opinion's publication, we reported that Underdog, a rising DFS operator, filed a lawsuit in an attempt to block its release. However, the case was dismissed by a state court judge, who ruled the company had waited too long to act and failed to demonstrate any immediate legal harm. The judge emphasized that attorney general opinions are non-binding and do not constitute a change in law. Tribal gaming interests support enforcement Meanwhile, tribal gaming groups applauded the attorney general’s opinion, pressing the state for enforcement against what they consider unlawful gambling operations. James Siva, chair of the California Nations Indian Gaming Association, stated: "California has long turned a blind eye to illegal gambling - at the direct expense of tribal governments. Untold millions if not billions have been illegally wagered over the past decade." Siva called on state authorities to take immediate enforcement action, citing concerns over consumer protection and the integrity of the state's regulated gaming landscape.

Court in California Rejects Underdog’s TRO Request for DFS Opinion
July 3rd, 20254 mins

Court in California Rejects Underdog’s TRO Request for DFS Opinion

A court in Sacramento, California has denied Underdog's request for a Temporary Restraining Order for the Office of the Attorney General Rob Bonta. AG Bonta is scheduled to issue his opinion on Daily Fantasy Sports, and this opinion may substantially affect Underdog's operations in the state. A California judge has denied Underdog Sports' attempt to block Attorney General Rob Bonta from issuing a legal opinion on the status of Daily Fantasy Sports (DFS) in the state, dealing a blow to the fantasy sports and betting operator's efforts to safeguard its California operations. Judge Jennifer Rockwell of the Superior Court of California, County of Sacramento, dismissed Underdog's ex parte motion for a temporary restraining order on Wednesday. The motion, filed on July 1, sought to halt the imminent release of Bonta's anticipated opinion, which is widely believed to conclude that most forms of paid fantasy sports are illegal under current California law. Court finds no urgency for intervention In her ruling, Judge Rockwell emphasized that Underdog had ample time to challenge the attorney general's authority. The court noted that the DFS legal review was prompted more than 18 months ago when State Senator Scott Wilk formally requested an opinion from Bonta. "The fact that Petitioners delayed filing this action does not constitute a basis for ex parte relief," the ruling stated. Furthermore, the court underlined that any forthcoming opinion from the attorney general would not carry legal force on its own, nor would it change existing law. "The Attorney General's forthcoming opinion on fantasy sports does not effect any change in law and does not carry the weight of law," the court noted. "As a result, the court explained that the protective relief we sought was not necessary," a spokesperson for Underdog said in a statement following the decision. Underdog disputes Bonta's authority and legal interpretation Despite the court's ruling, Underdog continues to challenge Bonta's authority to issue an opinion on the matter. In its motion for the TRO, the company alleged that any opinion the attorney general might issue would rely on factual determinations that, under California law, fall outside the scope of the opinion process. "The last two Attorneys General, Kamala Harris and Xavier Becerra, did not issue opinions on fantasy sports," an Underdog spokesperson stated. "Attorney General Bonta has been in office for more than four years without questioning fantasy sports games." Underdog maintains confidence in the legality of its operations and believes California law supports fantasy sports contests. The company drew parallels to legal battles in other states, noting that courts in both Illinois and New York ultimately rejected attorney general opinions that deemed DFS unlawful. "We are optimistic the law will be followed and are confident in the legality of fantasy sports in California," the spokesperson added. "If a negative opinion is issued, fantasy sports will prevail on the merits." Opinion expected any day, lawsuit still ongoing While the request for a restraining order has been denied, Underdog's broader lawsuit against Bonta remains active. The company is contesting whether the attorney general has the legal authority to issue such an opinion on DFS in the first place. The court's decision means Bonta is now free to release his opinion, which observers expect to arrive as soon as Thursday, the 3rd of July. While it may not carry the force of law, a negative stance from the attorney general could have significant implications for the perception and regulation of fantasy sports in California. In the meantime, Underdog has signaled that it will continue to operate in the state. We thank the court for that clarity and look forward to continuing to offer our fantasy contests in California, the company said.

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Underdog Fantasy Takes Legal Action Against California AG Over DFS Judgment
July 2nd, 20255 mins

Underdog Fantasy Takes Legal Action Against California AG Over DFS Judgment

The saga is just beginning: we've already reported that the California AG is set to release its opinion on DFS in the state, which may make it illegal - and now, we've just learned that Underdog has sued the Attorney General in order to stop the AG from releasing its opinion on Daily Fantasy Sports. Daily fantasy sports operator Underdog has filed an emergency lawsuit to stop California Attorney General Rob Bonta from issuing a legal opinion that could significantly impact the fantasy sports market in the state. Filed Monday in the Sacramento Superior Court, the lawsuit argues that the attorney general lacks the legal authority to issue such an opinion and warns that doing so could cause 'irreparable harm' to the company. The anticipated opinion is expected to declare daily fantasy sports illegal under California law - a move that Underdog says would not only destroy its own operations but also upend an industry that has operated in the state for decades. Underdog warns of 'imminent irreparable harm' In a memorandum supporting its request for a temporary restraining order or TRO, Underdog said it was blindsided by the impending release of Bonta's opinion. The company notes that approximately 10% of its overall business is tied to California customers. "Without this Court's immediate intervention, this unlawful gambit may succeed," the memorandum states. "Underdog faces imminent irreparable harm - from fleeing customers, risk-averse banks and payment processors, and the loss of investment and goodwill - if the Attorney General issues the opinion as planned." The company is seeking the TRO to preserve what it describes as the long-standing status quo for DFS in California, pending further court review. Challenging the Attorney General's authority At the heart of the lawsuit is Underdog's contention that the attorney general has no authority to weigh in on the legality of DFS through this type of opinion. The company asserts that such legal opinions are limited to questions of law directly tied to the responsibilities of the officials requesting them. "Absent relief from this Court, Attorney General Rob Bonta will issue an opinion later this week that will decimate fantasy sports in California," the filing reads. "Attorney General Bonta should be enjoined from doing so, not because he is wrong in his views on the legality of fantasy sports - though he certainly is - but because...he lacks authority to issue the opinion." Underdog contends that neither of the statutory requirements are satisfied in this case, and therefore the AG's office is overstepping its bounds. Pressure campaign alleged In a supporting declaration, Underdog attorney David Gringer of Wilmer Cutler Pickering Hale and Dorr LLP claimed that the AG's office is using the forthcoming opinion to apply pressure on DFS companies to exit the state voluntarily. According to Gringer, a representative of the AG's office indicated that the goal was to follow the playbook of Texas Attorney General Ken Paxton, whose 2016 opinion led one major DFS company to cease operations in that state. "The representative stated that...the goal of the Attorney General's office would be to use the threat of an enforcement action... to pressure Underdog into agreeing to leave California entirely," Gringer's declaration reads. Citing California's legal guidelines Gringer also questioned the internal guidelines used by the AG's office in deciding when to issue opinions. According to state law (Section 12519), the attorney general may only issue formal legal opinions at the request of certain state officials - and only when the questions pertain to the duties of their respective offices. When asked about these limits, the AG's office reportedly claimed that it was obligated to answer all questions posed by legislators, regardless of context. But Gringer pushed back, including a reference to the AG office's own published guidelines that contradict such an interpretation. The attorney general's office has not publicly responded to the lawsuit, but a formal legal opinion is still expected by the end of the week. If issued, the opinion could lead to widespread disruption in California's thriving DFS sector.

California AG Eyes Possible Ban on Daily Fantasy Sports
June 30th, 20255 mins

California AG Eyes Possible Ban on Daily Fantasy Sports

California may soon make all fantasy sports illegal, as confirmed by several sources. In a statement, the Coalition of Fantasy Sports, which includes such platforms as PrizePicks, Betr, Splash Sports, Underdog Fantasy, and Dabble, have deemed the prospective change devastating to millions of DFS fans in California. Rob Bonta, the Attorney General of California, is on the brink of issuing a legal opinion that could deem online fantasy sports illegal in the state, according to multiple sources. The decision, expected in the coming days, may fundamentally alter the future of fantasy sports in California and put at risk billions of dollars in business funds. Bonta's office has remained silent on the matter, refusing to comment publicly as of Wednesday last week. However, sources familiar with the opinion say it will provide detailed reasoning and legal grounding for the anticipated conclusion that online fantasy contests constitute illegal gambling under current California law. Fantasy sports industry reacts with alarm The Coalition for Fantasy Sports - comprising platforms such as PrizePicks, Betr, Splash Sports, Underdog Fantasy, and Dabble - issued a statement calling the expected opinion 'devastating' for millions of Californians who have engaged in daily fantasy sports for over a decade. "We hope the Attorney General's office will consider the views of sports fans across the state before making a decision," a coalition spokesperson said. "Californians have been playing daily fantasy sports games for more than a decade, and it is shocking to think that the state would suddenly take them away." The platforms typically allow users to enter paid contests and compete for prizes based on the real-life performance of selected athletes - an activity that has long occupied a legal gray area in California. Tribal leaders urge compliance with state law Meanwhile, Bonta's pending opinion is being closely monitored by California's tribal gaming interests. On Monday, the Tribal Alliance of Sovereign Indian Nations and the California Nations of Indian Gaming Association urged lawmakers to withhold action on any proposed legislation regarding fantasy sports until the Attorney General's opinion is released. James Siva, CNIGA Chairman, praised the anticipated move. "Illegal and unregulated gaming has been a problem in California for decades," Siva said in a statement. "These illegal practices deny consumers real protections and safeguards against illicit practices such as fraud and underage gambling. We are glad to see Attorney General Bonta address the issue and look forward to lawbreakers being held to account." Years in the making: legal opinion rooted in longstanding concerns The legal question of whether fantasy sports constitute a 'game of skill' or a 'game of chance' - the latter being generally illegal in the state without proper licensing - has simmered for years. In 2023, then-State Senator Scott Wilk requested clarity from the Department of Justice, stating that participants have no control over how athletes perform, which may render fantasy sports gambling under California law. "Daily fantasy sports appears to be a game of chance not otherwise permitted by the laws of California," wrote Wilk in his request. After Wilk's term ended, Assemblyman Tom Lackey took up the cause, pushing for a legal opinion to clarify the issue. Lackey said that while he hasn't seen the final opinion, he's been in contact with the DOJ to ensure public sentiment was acknowledged. "I was very interested in making sure that the people and their opinion was at least acknowledged," he said. "I think it's credible. I think it's important that (Bonta) is responding." Legal showdown on the horizon As California waits for Bonta's final determination, legal experts anticipate the issue may ultimately be settled in court. Chris Micheli, adjunct professor at McGeorge School of Law and lobbyist, said, "If there are any alleged activities that violate the law, we would expect a lawsuit to be filed by the attorney general. Ultimately, a court will decide if the AG's opinion is the right one, but courts in California give a fair amount of deference to the Attorney General." Meanwhile, the potential crackdown is raising eyebrows among members of the public and media personalities alike. Carmichael Dave, a Sacramento-based radio host, questioned the logic of banning fantasy sports while allowing other forms of financial risk-taking. "Why can I bet on the latest crypto scheme or my life savings on stock apps," he asked, "but I can't bet on whether the Giants or the Niners or the Kings are going to win a ball game?" The California DOJ is expected to release Bonta's legal opinion by July 3.

Draft Games Relaunched by Underdog Fantasy
May 28th, 20254 mins

Draft Games Relaunched by Underdog Fantasy

Underdog Fantasy is back in the Big Apple. Two months after the DFS games provider pulled out its daily fantasy sports games in New York, it has once again launched its draft-style games, and the DFS games are now included in the new terms of the company's license in the state. Underdog Fantasy has officially relaunched its draft-style daily fantasy sports (DFS) games in New York, just two months after a regulatory dispute forced the company to pull out of the state. The company announced the return of its draft contests, confirming that these games are now operating under the terms of its temporary DFS license. While the return is a significant development for New York fantasy sports enthusiasts, it comes with limitations. Notably, Underdog's popular pick'em contests - both the peer-to-peer (P2P) and against-the-house formats - remain unavailable in the state for now. Regulatory setback and exit Underdog Fantasy's brief exit from New York in mid-March was prompted by a ruling from the NYSGC, or New York State Gaming Commission. The commission determined that the DFS products Underdog had been offering were not explicitly covered under its temporary license, which the company had inherited from Synkt Games following its acquisition of the business in 2022. In response to the NYSGC's decision, Underdog withdrew all DFS contests from the state and agreed to a settlement that included an $18 million payment. The NYSGC maintained that the contests offered by Underdog significantly differed from those Synkt had originally applied to operate under its 2016 licensure agreement. Push for a permanent license New York has long relied on temporary DFS licenses, but the state is finally moving toward establishing a permanent licensing framework for fantasy sports operators. Underdog has confirmed that it has applied for a permanent DFS license, signaling its intent to solidify its long-term presence in one of the country's largest markets. Underdog Fantasy's return to New York coincides with a major financial milestone for the company. The operator recently closed the first round of its Series C funding, raising $70 million and bringing its pre-money valuation to over $1.2 billion. The funding round, led by Spark Capital, is expected to eventually surpass $100 million. The substantial increase in valuation marks a nearly threefold rise from the company's Series B valuation of $485 million in 2022. Jeremy Levine, Chief Executive Officer and founder, described the investment as “a real accelerator” for the company's product development and expansion plans. This funding will help us continue building the best sports gaming products for fans in the US, Levine said. It also gives us the ability to bring top-tier talent into our team to support that mission, he added. Expansion and strategic moves Begun in 2020, Underdog Fantasy has grown rapidly, boasting nearly four million users across the US. The company claims to be the fourth most downloaded sports gaming app nationwide, operating at the intersection of fantasy sports and sports betting. Following its exit from New York in March, Underdog launched its Champions Pick'em peer-to-peer product in neighboring Delaware and New Jersey. The company also offers sports betting in select markets and is eyeing further expansion. Notably, Levine has expressed interest in entering Missouri when its sports betting market launches on December 1. The return of Underdog's draft games in New York marks a key step in the company's efforts to reestablish itself in a critical DFS market. As the regulatory environment evolves and the state works toward a permanent licensing system, Underdog is positioning itself to be a long-term player in New York and beyond. For now, New York sports fans can once again engage with Underdog's unique draft-style contests, while the company continues to push for broader access and regulatory approval for its full suite of fantasy products.

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