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Ryan R. Bradley
Ryan R. Bradley
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Get Your Action Somewhere Else, Daily Fantasy Sports Violate Illinois Law


Central Illinois Legal Examiner on Daily Sports PlayersIn recent legal news, Illinois Attorney General Lisa Madigan deemed that daily fantasy sports contests violate Illinois state law. With this decision, Illinois joins the ranks of several other states, including Arizona, Louisiana, Iowa, Montana, Washington, and Nevada.

For those unfamiliar with these contests, they consist of sports fans signing up with their own customized sports teams. Fans are given a budget, and they then select their fantasy team within that budget. Their team’s performance is based on the individual performances of the players they have selected in actual games.

Madigan’s decision centered on two subsections of the Illinois Criminal Code: Subsection 28-1(a) and Subsection 28-1(b)(2).

Subsection 28-1(a)

This subsection of the law deals with illegal gambling, and basically states that it is illegal for anyone to knowingly wager money or anything else of value in a game of skill or chance. While this seems all-encompassing, there is an exception applied to this.

Subsection 28-1(b)(2)

This section of the law provides the exception to the previous section. This exemption would allow the actual contestants involved in any bona fide contests regarding skill, strength, speed, or endurance to place such wagers.  It also exempts owners of animals or vehicles in such contests.

According to Illinois Attorney General Madigan, the actual contestants of these daily fantasy sports contests are the athletes themselves, not the ones who design their own fantasy team. In short, the exemption does not apply.

This is very bad news for FanDuel and DraftKings, the two biggest players in the daily fantasy sports field. Their contests will most likely start excluding players from Illinois very soon, if that change has not already taken place. This added to their class action issues.

Be safe this winter and remember to please contact us if you are ever in need of a personal injury attorney.

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