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Georgia AG Declares DFS Is Illegal Gambling Under State Law

Georgia AG Declares DFS Is Illegal Gambling Under State Law

Another blow to efforts to legalize daily fantasy sports has come from Georgia. Back in November last year the lottery questioned the legality of DFS under state law. This led to the Attorney General Sam Olens investigating the issue. It is now been reported in a letter obtained by the Atlanta Journal Constitution that the AG’s office in Georgia believes DFS is in fact illegal gambling under current state law. This is the latest state to issue such an opinion and follows six others including New York, Nevada etc. The whole argument that DFS is skill based is shot down by deputy AG Wright Banks Jr in a letter to the lottery. He is quoted as saying,” In daily fantasy sports, a participant whose purported skill level has not changed from one game to the next is just as likely to win one tournament, then lose the next tournament due to the performance of players outside of the participant’s control.” In a statement DraftKings said,” We are disappointed that the Georgia Lottery Corporation is seeking to bar Georgia citizens from continuing to enjoy the fantasy sports they love. There is no legal or other basis for depriving Georgians of this popular recreational activity. DFS is a legitimate business activity that has operated openly and permissibly in Georgia for years. It is the citizens of Georgia, through their elected representatives, who should decide whether they can continue to enjoy fantasy sports. DraftKings will therefore support legislation that regulates fantasy sports with thoughtful and appropriate consumer protections, and we urge Georgians to tell their elected representatives that they want to be able to continue to enjoy fantasy sports.” Like in the other states that the AG have declared DFS as illegal gambling, both FanDuel and DraftKings seem to react on the size of the market share in that state. Where it is significant to their operations they are more than willing to launch a legal battle but in other cases where their market share is low they prefer to silence the critics and focus on the remaining states that do allow them to operate...

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