Today, we issued the following statement in response to Texas Attorney General Ken Paxton’s opinion (attributed to John S. Kiernan, counsel to FanDuel and Partner at Debevoise & Plimpton LLP):

“Today’s advisory opinion by the Attorney General of Texas is founded on a misinterpretation of the law and misunderstanding of the facts about fantasy sports.  Fantasy sports has always been a legal contest of skill in Texas.  The Texas legislature has expressly recognized that payment of an entry fee to compete for prizes in a contest of skill is not illegal gambling. Texans have long enjoyed participating legally in a wide variety of contests on that basis.  The Attorney General’s advisory prediction that a Texas court might think fantasy sports fall outside that protection because fantasy sports contestants are not actually participating in the sports events disregards that the selection of a fantasy roster to compete against other contestants’ selections is a separate valid contest of skill all its own.”