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Daily fantasy sports sites first launched in the United States in the late 2000s. FanDuel was one of the first major DFS brands when it launched in 2009, while its biggest competitor, DraftKings, went live in 2012.
The laws regarding DFS competitions did not exist when these sites entered the U.S. market, and it wasn't until 2016 that the first states started legally recognizing DFS platforms.
This guide will cover the legality of daily fantasy sports in the U.S. and provide a table with all major brands and their legal status in each state. To find a platform that’s legal in your state, visit our Best DFS Sites & Apps Guide.
Daily Fantasy Sports Legality by State
| State | Legal? | FanDuel | DraftKings | Underdog |
|---|---|---|---|---|
Alabama | Yes | Yes | ||
Alaska | Yes | Yes | ||
Arizona | Yes | Yes | ||
Arkansas | Yes | Yes | ||
California | Yes | Yes | ||
Colorado | Yes | Yes | ||
Connecticut | Yes | No | Yes | No |
Delaware | Yes | Yes | No | |
Florida | Yes | Yes | ||
Georgia | Yes | Yes | ||
Hawaii | No | No | No | No |
Idaho | No | No | No | No |
Illinois | Yes | Yes | ||
Indiana | Yes | Yes | ||
Iowa | Yes | Yes | No | |
Kansas | Yes | Yes | ||
Kentucky | Yes | Yes | ||
Louisiana | Yes | Yes | No | |
Maine | Yes | Yes | ||
Maryland | Yes | Yes | ||
Massachusetts | Yes | Yes | ||
Michigan | Yes | Yes | No | |
Minnesota | Yes | Yes | ||
Mississippi | Yes | Yes | ||
Missouri | Yes | Yes | ||
Montana | No | No | No | No |
Nebraska | Yes | Yes | ||
Nevada | No | Yes | No | |
New Hampshire | Yes | Yes | ||
New Jersey | Yes | Yes | ||
New Mexico | Yes | Yes | ||
New York | Yes | Yes | ||
North Carolina | Yes | Yes | ||
North Dakota | Yes | Yes | ||
Ohio | Yes | Yes | ||
Oklahoma | Yes | Yes | ||
Oregon | Yes | No | ||
Pennsylvania | Yes | Yes | ||
Rhode Island | Yes | Yes | ||
South Carolina | Yes | Yes | ||
South Dakota | Yes | Yes | ||
Tennessee | Yes | Yes | ||
Texas | Yes | Yes | ||
Utah | Yes | Yes | ||
Vermont | Yes | Yes | ||
Virginia | Yes | Yes | ||
Washington D.C | No | No | No | No |
West Virginia | Yes | Yes | ||
Wisconsin | Yes | Yes | ||
Wyoming | Yes | Yes |
Which States Don’t Allow DFS?
Playing daily fantasy sports is generally legal or at least tolerated in the majority of U.S. states. Only five states forbid or have no DFS sites, including Hawaii, Idaho, Montana, Nevada, and Washington.
Hawaii
Hawaii is notorious for its anti-gambling laws. Since DFS was declared to be a form of gambling by former Attorney General Doug Chin, sites like FanDuel, Underdog, and DraftKings, do not operate across the state’s islands.
Idaho
Daily fantasy sports are a form of gambling in the Gem State. Section 18-3802 of the Idaho state legislature clearly states it’s illegal for its residents to participate in any gambling activities.
Montana
Montana is a rather interesting case when it comes to gambling laws since it legalized sports betting but not DFS contests.
Nevada
Operating a DFS site in Nevada is actually legal. However, since daily fantasy sports qualify as gambling in Nevada, this creates an issue for the operators. Namely, they would need to apply for a sports betting license to launch their DFS platforms in Nevada, inferring that DFS contests are gambling.
Washington
Washington is another state with very strict laws prohibiting many forms of gambling. Daily fantasy sports fall under the category of sports wagering in Washington and are explicitly illegal.
Is Daily Fantasy Sports Legal in the United States?
Just like many other laws, the legality of daily fantasy sports in the U.S. differs from state to state.
There were initially no laws restricting the use of DFS sites back when they hit the market in the late 2000s, but because of their resemblance to sports betting (prohibited until 2018), questions began to arise about the legality of DFS contests.
Today, daily fantasy sports platforms are available in all but a few states that consider these contests a form of gambling.
Meanwhile, DFS is legal in states like New York and Texas, which consider it a skill game instead of pure gambling. These states have clearly defined laws that make DFS permissible within their jurisdiction.
Then there are also states where DFS platforms are in a gray area, like California, but they usually tolerate the availability of DFS sites on their territory.
How FanDuel & DraftKings Launched DFS in the U.S.
FanDuel kicked off in July 2009 in Scotland, starting out as a sports prediction site. The platform became immediately popular with its first FanDuel Fantasy Football Championship (FFFC), with the final held in Las Vegas in 2010.
After a series of funding that took place between 2013 and 2015, FanDuel became valued at over $1 billion. In 2015 FanDuel acquired Kotikan, which developed the first FanDuel mobile app.
Meanwhile, DraftKings launched in January 2012 and quickly rose to be the second-largest DFS operator in the U.S. In July 2014, DK acquired DraftStreet, the third-biggest DFS site at the time.
FanDuel and DraftKings continued expanding throughout the mid-2010s and signed partnership deals with various U.S. sports leagues and organizations. DraftKings partnered with the MLB, NHL, and UFC, while FanDuel inked a deal to become the official partner of the NBA.
Today, both FanDuel and DraftKings remain the two leading DFS operators in the country. Apart from fantasy sports, they offer a range of other products, including retail and online sportsbooks and online casinos.
Daily Fantasy Sports FAQs
What is the best DFS site?
Platforms like FanDuel, Underdog Fantasy, DraftKings, and Monkey Knife Fight often rank as one of the best in the DFS sphere. To learn more about these and other great options for daily fantasy sports, feel free to read our guide on the best DFS sites.
Is DFS safe?
You can feel safe playing daily fantasy sports as long as you stick to legitimate DFS platforms like FanDuel and Underdog. These protect your money and data using top-level security protocols.
Is DFS considered gambling?
It depends on who you ask. Some states consider DFS gambling, while others constitute it as a game of skill.
Can you use a VPN to play DFS if you’re not in a state where it’s legal?
Typically, no. DFS sites used location-tracking apps and software that can detect the use of VPNs.
Which states don’t allow DFS?
States in which it’s illegal to play daily fantasy sports include Hawaii, Idaho, Montana, Nevada, and Washington.
How is DFS legal?
Many states with harsh gambling laws have legalized DFS due to it being a game of skill and not chance.
Do DFS sites allow playing college sports contests?
Playing DFS contests that involve collegiate sports is generally allowed, but it has been specifically banned in a number of states.
Is DFS legal in Texas?
Although there have been plenty of speculations in the last several years in Texas about whether DFS is gambling, which is illegal, the Texas House finally approved a bill in 2019 that declared daily fantasy sports a game of skill.
Is DFS legal in New York?
There was a bit of a back-and-forth regarding the legality of daily fantasy sports in the Empire State, but DFS finally got the nod from the New York Court of Appeals in March 2022.
Is DFS legal in California?
Playing DFS contests in California is not officially legal, but it is tolerated, with some of the top-rated DFS sites and apps being available to California players.
How can you play FanDuel & DraftKings if you’re in a restricted state?
You must be located in one of the states where they operate to create an account and participate in contests.
