Same Thing Different Name

Amilcar T. - LLI Cincinnati

The idea and concept of gambling has been around since the beginning of mankind - people have been betting and gambling on everything from medieval horse races, to gladiator matches and now in current times on sports teams.

As new technology and websites are being developed in the US and around the world new ways of gambling have been also invented. No longer do people have to physically meet to gamble or go to a common location such as a casino but rather now a popular form of gambling is on the internet.

While gambling like poker and slot machines has been banned by a 2006 Federal Law, a new form of gambling has been raised up- daily fantasy sports gambling. Websites like Draft Kings and Fan Duel have created a system that is no longer just season-long fantasy competitions but rather on a daily basis. The main issue being that this is no longer a game of skill as it was with season-long competitions but rather now a game of pure chance and luck.

By spending millions on advertising these websites draw a large crowd of competitors by promising that a lucky few will be rewarded millions if they win. The trick is that for every individual competition for these websites the players have to pay an entry fee in order to be even able to compete.

“Not only do these websites take millions from people who compete on their website, but since they are a form of gambling they create a very addictive activity which has ruined many people’s lives because they spend their money on daily fantasy sports competitions, very similar to those who are addicted to gambling. ”

There is already consensus among many states that DFS websites like Draft Kings are indeed gambling such as Nevada, Georgia, Illinois and Michigan among many others. When taken to court even Fan Duel agreed to stop its advertising and to stop taking wagers from New York, a state where gambling is heavily regulated. Besides having false and misleading advertisements Fan Duel and Draft Kings also do not require any skill in their daily tournaments but it is a question of pure luck- so by definition they are gambling and should be made illegal.

Gambling has already destroyed the lives of many people and by allowing DFS websites without regulation we are allowing companies to exploit the common man by getting them addicted to this clear version of gambling and allowing for the destruction of many other lives.

Sources Considered: 

• Rose, Nelson. "Gambling and the Law: Are Daily Fantasy Sports Legal?" Web blog post. Gambling and the Law. Asian Gaming Lawyer. October 2015.
• First Amended Complaint. The People of the State of New York v. Draft Kings. Index No. 453054. 31 Dec. 2015. 
• "A.G. Schneiderman Announces $12 Million Settlement with Draftkings and Fanduel." Press Release. New York Office of the Attorney General. 
• Woodward, Curt. "DraftKings to Settle Lawsuit from N.Y. for $6m." Globe Staff. The Boston Globe. 25 Oct 2016.
• Gouker, Dustin. "Daily Fantasy Sports is Back in Business in New York: Gov. Cuomo Signs Bill." Daily Fantasy Sports. Legal Sports Report, 3 Aug 2016.