by Attorney Eric D. PuryearIllinois Attorney General Lisa Madigan has issued an opinion which finds that daily fantasy sports contests, such as those offered by FanDuel and DraftKings, constitute illegal gambling in Illinois.
In an opinion released on December 23, 2015, Attorney General Madigan stated that “[i]t is my opinion that daily fantasy sports contests constitute illegal gambling under Illinois law.” Madigan also addressed a letter to the FanDuel and DraftKings, stating that she expected the companies to make clear in their Terms of Service that Illinois residents were prohibited from participating.
Illiegal gambling in Illinois can result in misdemeanor or even felony charges.
Both FanDuel and DraftKings have stated that they intend to fight the matter through the legal system, and noted that pending legislation in Illinois (if passed) would expressly legalize their daily fantasy sports contests.