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DFS declared illegal in New York

RegulationNovember 2015United States (New York)verified 2026-08-03

New York declared DraftKings and FanDuel illegal gambling, triggering a nationwide legal reckoning.

In November 2015 New York Attorney General Eric Schneiderman issued cease-and-desist letters to DraftKings and FanDuel, declaring daily fantasy sports (DFS) illegal gambling under state law. The move followed a scandal in which employees used non-public data to win money on rival sites. The clash forced states across the US to decide whether DFS was a game of skill or gambling.

Daily fantasy sports had boomed on the back of a huge 2015 advertising blitz, marketed as skill-based contests rather than betting. After reports that a DraftKings employee won large sums on FanDuel using internal lineup data, scrutiny intensified, and New York's Attorney General concluded that DFS outcomes depend materially on chance and therefore constitute illegal gambling. Both companies sued to stay in the state. The dispute did not end DFS but pushed it toward explicit regulation: many states passed laws licensing and taxing DFS, drawing clearer lines between fantasy contests and sports betting. The episode also foreshadowed the far larger US sports-betting debate that followed the 2018 Supreme Court ruling.

Why it matters

The New York action forced the US to confront where skill ends and gambling begins, driving state-by-state DFS regulation and previewing the sports-betting era.

A teaching summary, not legal advice. Dates and figures are simplified for learning; confirm against the primary sources before relying on them.