The legality of Daily Fantasy Sports or “DFS” in the United States is determined on a State by State level.
The present day model of DFS originates from the decades old American past time of season long Fantasy sports. The traditional model of Fantasy Sports involves building a roster of professional athletes, under a salary cap, and competing amongst other participants to earn points based on the performance of their roster in real world competitions.
What is Daily Fantasy Sports – DFS?
Daily Fantasy Sports accelerates the traditional season long model and creates skill based contests over shorter periods of time such as single day or week long periods of time. The contests are funded by participants “Entry Fees” which go towards the contests prize pot. Winners receive a portion of the pot and the DFS operator takes a small portion, also known as a rake. Below is a list of DFS operators in the United States.
The Props Network DFS Site Video Reviews
The Best DFS Apps In The United States
| Rank | DFS Operator | Highlights | Welcome Bonus | Claim Bonus |
|---|---|---|---|---|
| 1 |  Monkey Knife Fight | * No Sharks/Experts To Compete Against * Fantasy Prop Bets * Simple To Play * Multiple Sports Including Esports | DEPOSIT $50 GET $50 FREE 100% Deposit Match Up To $50 |  |
| 2 |  DraftKings DFS | * The Most League Offerings *Biggest Prize Pools * DK Crowns Loyalty Program * Largest Selection Of Single Entry Tournaments | $20 FREE ON FIRST DEPOSIT (Coming Soon) | |
| 3 |  FanDuel DFS | * No Deposit Welcome Bonus * FD Points Loyalty Program * Play For Free Contests * Online NFL DFS Championship | DEPOSIT $20 GET $20 FREE $5 Free With Deposit For 4 Weeks | |
Types of DFS Contests
Gauranteed Prize Pools (GPP): DFS laws require Daily Fantasy operators to establish prize pools up front regardless of the number of entrants. This is the most popular contest type in DFS.
Head To Head (H2H): This type of contest is for single player versus single player competing their selected lineups for a fixed prize pool amount
50/50 (Double Up): A contest in which the top 50% of points earners win half of the prize pool evenly distributed amongst the winners minus the operators rake.
Cash Games: Include H2H or GPP, Cash games are similar to 50/50 in which the prize pool is split to the top 50%
Where are DFS Apps Legal?
This is a questions not so easily answered in the US. The DFS boom started in 2007 just a year after the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 was passed. This law which was created as an effort to curb illegal internet gambling but left a very large exclusion or loophole for Fantasy Sports that met specific criteria.
There have been numerous disputes over whether DFS is in fact considered gambling. This has caused each state to take various stances on the issue.
States Where Daily Fantasy Sports are illegal
Some states have made a clear stance that DFS is considered gambling and therefore any operations of such site are considered illegal:
- Arizona
- Iowa
- Louisiana
- Montana
- Washington
Other states have produced legal opinions including their interpretation of UIGEA and the Fantasy loophole. Due to these legal opinions providing unclear guidance as to the legality of DFS, most operators avoid the following states:
- Alabama
- Idaho
- Hawaii
- Nevada
Licensed and Regulated, Legal Daily Fantasy Sports
The following states have fully passed and regulated (approved) Daily Fantasy Sports legislation. The below table highlights the related bill, the date the bill took effect, and summary of the terms of the passed legislation. The highlights section outlines the requirements of participating operators wishing to conduct business in the state.
Since almost all Fantasy operators use Draftkings and FanDuel as the guinea pig before entering a state, we are additionally noting if DK and FD are operating in the market by noting whether major operators are live.
All legislation presented and passed with the intent to include consumer protection protocols. These protocols are established to require operators to ensure consumers are protected and playing responsibly and within their financial limits.
Due to constantly changing regulatory landscape surround DFS, this is simply an informative table and may at times be inaccurate. Please feel free to let us know when anything needs updating. Last Updated 12.26.2019
| State | Legislation Passed | Highlights | Effective Date | Major Operators Live |
|---|---|---|---|---|
| Alabama | HB 361 | -No Collegiate or amateur sports -$85k Registration Fee for operators with 5,000+ players -$5,000 Fee for operators with fewer than 5,000 players – Must be 19 Years Old | 5.31.2019 | Yes |
| Arkansas | HB 2250 | – No Collegiate or Amateur Sports – No Registration Required by operator – 8% Tax for revenue generated in the State | 4.11.2017 | Yes |
| Colorado | HB 16-1404 | – Registration Required -Minimum Age 18 – Large Operator is 7500+ Customers and requires a license -Small Operator is Less than 7500 Customers, need only to register | 8.10.2016 | Yes |
| Delaware | HB 249 | -Registration fee: $50,000 and good for 3 years -15.5% Tax on in-state revenue – Minimum Age 18 | 8.25.2017 | Yes |
| Indiana | S 339 | – Registration Fee is $50,000 (New Applicants) – Renewal Fee is $5,000 – Minimum Age is 18 – Required Audit every 3 years | 7.1.2016 | Yes |
| Iowa | SF 617 | – License required – $5,000 Fee for operators making over $150,000 Gross Revenue ($1,000 for under) – 6.75% Tax In-State Revenue – Minimum Age is 21 | 5.13.2019 | Yes |
| Kansas | HB 2155 | – Application Fee $100 | 7.1.2015 | Yes |
| Maine | LD 1320 | – No College or Highschool Contests – Registration Fee is 10% of In-State Revenue up to $5,000 – Additional License Fee of $2500 if Gross Revenue greater than $100,000 – Minimum Age is 18 | 8.2.2017 | Yes |
| Maryland | Comptroller Implemented DFS Rules | – No College Contests – $1000 Deposit Max – Minimum Age is 18 – Operator must identify experienced players | 1.2.2017 | Yes |
| Massachusetts | H 4569 | – Minimum Age is 21 – $1000 Deposit Max – Must Provide Free to Play Site – Tax structure to be defined | 8.10.2016 | Yes |
| Mississippi | H 967 | – $5,000 License Fee, 3 year renewal – 8% Tax on in-state revenue | 7.1.2017 | Yes |
| Missouri | H 1941 | – Requires operators to offer beginner only contests – License required – $10,000 annual fee or 10% of net revenue from previous year – 11.5% tax on in-state revenue – Annual Audit required – Minimum Age is 18 | 8.28.2016 | Yes |
| New Hampshire | HB 580 | – Registration Required annually – No registration Fee – No Tax – Minimum Age is 18 | 7.18.2017 | Yes |
| New Jersey | A 3532 | – Must have licensed casino partner or servers located in Atlantic City, NJ – Registration Required – Fee Based on Revenue; $5,000-$50,000 – 10.5% tax on in-state revenue – Minimum age is 18 | 8.24.2017 | Yes |
| New York | S 8153 | – Each Operator must submit a report to the commission June 13th each year – Registration required with New York State Gaming Commission – No Fees, 3 year registration – 15.5% tax on in-state revenue not to exceed $50,000 – Minimum Age is 18 | 8.3.2016 | Yes |
| Ohio | H132 | – License Required – Fee not to exceed $10,000 per year or $30,000 every 3 years – Registration Fee based on player count; $3,000-$15,000 – No Tax | 12.22.2017 | Yes |
| Pennsylvania | HB 271 | – Must maintain place of business within the state – License required, $50,000 Fee – 5 year license – 15% tax on gross in-state revenue | 10.30.2017 | Yes |
| Tennessee | SB 2109 | – License Required – Registration Fee $1,000- $75,000 – $300 Application fee – 6% tax on in-state revenue – Minimum Age is 18 – Max Deposit limit $2500 – Annual Audit Required – | 7.1.2016 | Yes |
| Vermont | S 136 | – Annual Registration Required – Registration Fee $5,000 | 1.1.2018 | Yes |
| Virginia | S 646 | – Registration Required via Department of Agriculture and Consumer Affairs – Registration Fee of $8300 – Annual Registration and Audit – Minimum Age 18 | 3.7.2016 | Yes |
