The difference between the first five on that list and the last one is that only Nevada has expressly labeled them gambling the other five states did not make them illegal, but rather, the companies choose not to offer service there because the law is clearly unfriendly. They operate everywhere except Arizona, Iowa, Louisiana, Montana, Washington, and now Nevada. The bar is much higher in Tennessee and Arkansas, where a game of skill must involve no chance whatsoever.įor now, DraftKings and FanDuel do operate in those two states. In Kansas, for example, a contest must prove only that it involves more skill than chance-a low bar, easy to demonstrate by showing that the same users win again and again. The law in each state differs on exactly what is required for a fantasy sports contest to be considered a game of skill. Burnett told ESPN, "and obviously, it's on a sporting event, and DFS companies are in the business of accepting those wagers."ĭraftKings and FanDuel are operational in 44 states in the U.S. "We have found that is a wager," Nevada Gaming Control Board chairman A.J.
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