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Document Type

Article

Publication Date

Spring 2017

Publication Citation

92 Indiana Law Journal 653 (2017)

Abstract

In recent months, the legal status of fantasy sports has undergone intense scrutiny, with the attorneys general of many states contending that certain formats of daily fantasy sports violate state gambling laws. In an effort to save the burgeoning daily fantasy sports industry, legislators in these states have proposed bills to affirmatively legalize and regulate daily fantasy sports. However, these bills often fail to adequately address the underlying consumer protection concerns pertaining to the industry.

This Article analyzes how U.S. states currently regulate the fantasy sports marketplace and proposes a framework for future state laws to effectively regulate both traditional fantasy sports and daily fantasy sports. Part I of this Article explores the history of fantasy sports contests in the United States, analyzing separately the origins of traditional fantasy sports and daily fantasy sports. Part II applies state gambling laws to the fantasy sports marketplace, analyzing past court decisions, gaming commission rulings, and attorneys general opinions. Part III analyzes cur-rent state laws that specifically regulate the behavior of companies in the fantasy sports industry. Part IV discusses recent bills proposed by state legislators in the 2015 and 2016 sessions that seek to affirmatively legalize and regulate fantasy sports. Finally, Part V proposes a comprehensive framework that would allow for states to effectively regulate both traditional fantasy sports and daily fantasy sports in a meaningful way, in conjunction with existing state gambling laws.

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