The US crackdown on internet gambling has created a large and potentially lucrative loophole for fantasy sports leagues, a new report suggests. The study raises further questions about the controversial ban as efforts mount in Washington, D.C., to repeal or amend the sweeping prohibition.
The National Football League and other professional sports leagues were aggressive backers of the 2006 federal ban on internet gambling, the Unlawful Internet Gambling Enforcement Act. The politically-influential leagues have campaigned aggressively against on-line sports betting, fearing scandals that could drag in players and cast a cloud over the integrity of their games.
But while the new law took aim at a wide variety of online gambling activity, it carved out a specific exemption for fantasy sports leagues, argues Joseph Kelly, co-editor in chief of the Gaming Law Review and Economics and a professor of business law at SUNY College Buffalo in New York.
Such fantasy sports leagues have been a boon for the professional leagues, further increasing fan interest in their teams and games. There are now more than 27 million players in the United States with one third playing baseball, and annual revenue is in the range of $800m to $1bn, according to the Fantasy Sports Trade Association.
However, that loophole has unwittingly opened the door to a fast-growing, and so far, legal form of online gambling; one which appears poised to stretch the original intent of the exemption for fantasy sports under the two-year-old internet gambling ban, Kelly warns.
Such concerns come as Congress weighs whether to suspend the increasingly unpopular 2006 internet crackdown. Democratic US Representative Barney Frank, chairman of the powerful House Financial Services Committee, succeeded in pushing through his committee a bill that would have suspended the enforcement of the federal internet gambling ban, though it would preserve the ban on online sports betting.
While an amendment that allows horse tracks to offer on-line wagering generated controversy, the iron-clad exemption for fantasy sports leagues surprisingly generated little press attention, Kelly observes in his article, “Living in a Fantasy”.
“You have some very clever entrepreneurs who could take fantasy sports and define it in such a way that the game will not have any relationship with fantasy sports,” Kelly said in an interview with GamblingCompliance.
In fact, that trend may be already starting to happen, notes Kelly, in his recent Gaming Law Review report. Originally founded by small groups of statistic-crazed baseball fanatics, fantasy sports leagues have been extended to bowling, darts, celebrity leagues and even ‘fantasy Congress’ leagues. “But that trend is likely to move in directions that will push the envelope each further, to the point where the very definition of what is a sport is called into question,” he argues.
Meanwhile, fantasy leagues are increasingly looking like a form of online gambling. Players ante up a fee to play in a tournament, and then compete for a prize or prizes. And those prizes are getting more lucrative as well. Fantasy Fishing Awards, Kelly notes, is “offering a $1m grand prize and 4,000 other prizes in its online game.”
Station Casinos, in turn, which operates the fifth largest sports book, is accepting “wagers based on players’ projected fantasy statistics”, Kelly reports. Some entry fees may be as high as $1,500. More typical is one fantasy baseball league, which charges $29.95 to enter and offers a grand prize of $10,000.
“The entrance fee and the winning of prizes could be considered a bet and therefore be possible illegal gambling,” Kelly writes.
Still, if the coast is clear on the federal level, there are still some potential roadblocks on the state level for would-be online gambling operators, according to Kelly. While the exemption for fantasy sports protects it from federal prosecution under the 2006 internet gambling law, it leaves it up to the states to decide whether to write regulations that would officially legalize fantasy sports.
So far, only Montana has taken this step, but it has also capped profits at 15 percent, effectively discouraging any would-be fantasy sports operators. However, in written opinions, attorney generals in three different states – Florida, Arizona and Louisiana – have concluded fantasy sports are illegal, Kelly writes.
“Attorney general opinions are not law, but they are viewed often by courts as persuasive authority,” Kelly writes.
That said, it is highly unlikely there will any state crackdowns on fantasy sports clubs. For politically savvy district attorneys and attorney generals, there is nothing to be gained – and much to be lost – by going after sports fans. “Some of the biggest names are conducting fantasy sports leagues. I can’t imagine a law enforcement person wanting to get into this,” Kelly said.
By contrast, there have been a few private suits against fantasy sports companies on behalf of individuals who lost money in tournaments run by the firms. So far, none of these suits have been successful.
Nor is there likely to be any action by the major sports leagues, whose main concern is barring online sports betting out of concern it could damage the integrity of their games, said Andrew Zimbalist, an economist at Smith College and one of the nation’s top sports business experts.
“It just increases their following and the intensity of the fan base tremendously,” Zimbalist said. “They certainly don’t want to squelch that activity. It’s low-grade gambling. “