California Attorney General Rob Bonta has officially determined that daily fantasy sports (DFS) platforms constitute illegal sports betting under existing state laws. The declaration was made in a 33-page legal opinion released Thursday in response to a request from Assemblymember Tom Lackey.
Bonta concluded that fantasy sports contests offered by major operators like FanDuel and DraftKings fall within the definition of gambling because participants are wagering on athlete performance. “They involve betting on sporting events,” the opinion reads, asserting that DFS is not permitted under California’s current legal framework.
The opinion comes amid increasing legislative scrutiny and pressure from tribal gaming groups. Although not legally binding, Bonta’s view holds persuasive weight and could shape future judicial decisions or legislative proposals.
Chris Micheli, a law professor at McGeorge School of Law, explained, “The attorney general of California is authorized to issue written legal opinions. While they do not carry the force of law, they are often referred to and deferred to by California courts.”
Industry Pushes Back, Maintains DFS Are Skill-Based
The fantasy sports industry swiftly responded, pushing back against the attorney general’s findings. FanDuel stated: “We look forward to meeting with the attorney general's office to talk through our next steps.”
DraftKings echoed this sentiment, reaffirming its commitment to operating in California, where it has provided services for over 13 years. “Notably, the overwhelming body of law from 24 states and Congress confirms that fantasy sports contests are games of skill,” the company said in a statement to ESPN. “We intend to work with stakeholders, including the office of the attorney general, to try to find an amicable resolution.”
Underdog, another DFS platform, had attempted to block the opinion from being released by filing a lawsuit earlier in the week. That case was dismissed by a state judge, who emphasized the opinion does not alter existing laws. A company spokesperson revealed that California contributes around 10% of Underdog’s annual revenue, and the company plans to continue operations in the state.
Fantasy operators argue that their contests are fundamentally different from sports betting because they rely on player skill in drafting lineups and predicting performance, rather than betting on specific event outcomes.
Tribal Leaders Demand Enforcement
The California Nations Indian Gaming Association (CNIGA), which has long criticized the lack of oversight on fantasy platforms, welcomed Bonta’s stance. Chairman James May issued a firm call for regulatory action: “Untold millions if not billions have been illegally wagered over the past decade. Where is the enforcement? Where is the accountability?”
He added, “It is now imperative that the state back up this legal opinion with strong enforcement and that lawbreakers be held to account.”
Despite efforts to legalize online sports betting in California, voters have repeatedly rejected such measures, with the most recent proposals in 2022 soundly defeated. As it stands, California remains one of 10 U.S. states that have not legalized traditional sports wagering.
Governor Gavin Newsom has expressed disagreement with Bonta’s interpretation. A spokesperson noted, “He welcomes a constructive path forward in collaboration with all stakeholders.”
Source:
“California attorney general declares daily fantasy sports illegal gambling”, ktla.com, Jul 3, 2025
barsalou6
3 days ago
Jr. Member
Crazy! I mean, honestly of course this is gambling. Of course there’s some skill involved. I mean he’s not involved in regular sports betting of course there is a tremendous skill to beat. The handicappers. Doesn’t change the fact that it’s gambling.. What’s the problem the Indians have with it? Saying they missing out...
Crazy! I mean, honestly of course this is gambling. Of course there’s some skill involved. I mean he’s not involved in regular sports betting of course there is a tremendous skill to beat. The handicappers. Doesn’t change the fact that it’s gambling.. What’s the problem the Indians have with it? Saying they missing out and losing money due to the fantasy platforms? The billions they’re making already isn’t enough? My goodness the Greed is just disgusting from all angles and the poor people playing losing all their hard earned money just hoping to hit and get lucky while these big companies and casinos fight and argue over who gets their money! Absolutely gross and disgusting, ought to be ashamed of themselves! Oh well, good luck everyone!
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