California AG Rob Bonta declared daily fantasy sports illegal in July 2025 and pledged enforcement within weeks. Eleven months later, DraftKings, FanDuel, and the rest of the industry continue to operate in California as if the opinion never happened.
- Bonta’s AG Opinion No. 23-1001, issued July 3, 2025, declared paid daily fantasy contests illegal under California Penal Code sections 330 and 330a
- DraftKings, FanDuel, and Sleeper have not changed their California offerings; Underdog and PrizePicks shifted pick’em contests to peer-to-peer “Arena” formats
- No cease-and-desist letter has been issued, no civil action filed, and no operator removed from the state in eleven months
- California tribes have donated at least $71,800 to Bonta’s 2026 reelection campaign and more than $330,000 to his campaigns since 2014, per Legal Sports Report
SACRAMENTO – On July 3, 2025, California Attorney General Rob Bonta issued a 33-page formal opinion declaring daily fantasy sports illegal in California. Three weeks later, he sat down with KCRA 3 in Sacramento and told the public his office would enforce it. “Laws are meant to be enforced,” Bonta said. Asked whether the public should expect action against the platforms still operating in California, he answered: “Absolutely.”
Eleven months have passed. No cease-and-desist letter has been publicly issued. No civil action has been filed. No daily fantasy operator has exited California. DraftKings, FanDuel, and Sleeper continue to take entry fees from California players for daily fantasy contests every day.
What The Opinion Said
The opinion, AG Opinion No. 23-1001, was authored by Deputy Attorney General Karim J. Kentfield at the request of Assemblymember Tom Lackey. It runs to 33 pages and concludes that the daily fantasy sports contests offered by operators like DraftKings, FanDuel, PrizePicks, and Underdog Fantasy qualify as illegal gambling under California Penal Code sections 330 and 330a.
“California law prohibits the operation of daily fantasy sports games with players physically located within California, regardless of where the operators and associated technology are located,” Bonta’s office wrote.
The opinion is dense, well-reasoned, and not law. AG opinions in California carry persuasive authority but do not themselves bind the operators or the courts.
Underdog Tried To Block The Opinion And Lost
Underdog Sports filed a preemptive lawsuit in Sacramento Superior Court on June 30, 2025, asking the court to prevent Bonta from issuing the opinion at all. Underdog Sports, LLC v. Bonta (Case No. 25WM000120) was dismissed by Judge Jennifer K. Rockwell, who held that an AG opinion is “advisory only and does not carry the weight of the law,” and that Underdog therefore could not show cognizable harm from its release.
Underdog General Counsel Nicholas Green publicly welcomed the ruling. He told reporters the company appreciated “clarity” that Bonta’s opinion does “not carry the weight of law.”
The dismissal cut both ways. It allowed Bonta to publish the opinion. It also reinforced that the opinion, standing alone, could not force anyone to do anything.
What The Operators Did Next
DraftKings made no changes. A company spokesperson told the press the company “respectfully disagrees” with Bonta’s interpretation and intends to continue offering daily fantasy contests in California, as it has for over 13 years.
FanDuel also made no changes. A spokesperson said the company would meet with the AG’s office to “talk through our next steps.” Eleven months later, FanDuel’s California offerings remain live.
Underdog Sports and PrizePicks both retired their original pick’em-style contests in California and replaced them with peer-to-peer “Arena” formats, in which users compete against each other rather than against the house. Both companies continue to operate the new products from California-licensed servers.
Sleeper, the smaller pick’em operator, continues to offer its California products without public modification.
The American Gaming Association has estimated California’s pre-opinion DFS handle at over $800 million annually. Underdog has stated publicly that California accounts for roughly 10 percent of its total revenue.
The Tribal Response
The tribes that pushed for the opinion in the first place are visibly frustrated. At a tribal gaming panel last summer, tribal attorney Scott Crowell summed up the sentiment: “We would expect an announcement of enforcement action against all these illegal DFS operators, but we’re not hearing any of that.”
Earlier that summer, in June 2025, representatives from the Sports Betting Alliance — a trade group whose members include DraftKings and FanDuel — met with California tribes at Pechanga Casino Resort. According to Crowell, who attended, SBA representatives told tribal leaders the operators would not “operate any illegal gaming” in California. Both DraftKings and FanDuel remain live.
The California Nations Indian Gaming Association supported the opinion and has continued to press the AG’s office for action. Tribes view continued DFS operation as a direct encroachment on Class III gaming exclusivity granted under their state compacts.
Following The Money
Bonta’s political ties to tribal gaming interests have drawn fresh scrutiny as the enforcement gap stretches.
Legal Sports Report reported in summer 2025 that California tribes have contributed at least $71,800 to Bonta’s 2026 reelection campaign and more than $330,000 to his campaigns since 2014. The Los Cerritos Community News separately documented more than $317,000 in tribal contributions to Bonta’s 2022 Attorney General campaign alone, including donations from Pechanga, Agua Caliente, and Yuhaaviatam of San Manuel. Politico tallied at least $101,500 in tribal contributions to Bonta between 2023 and the middle of 2024.
DFS operators have not made political contributions to Bonta, according to records reviewed by KCRA.
Bonta is widely expected to run for governor in 2026. Newsom is term-limited.
Why The Word-Action Gap
Bonta’s office has not publicly explained the eleven-month delay between his enforcement pledge and any enforcement action. Two factors are likely at work.
First, the Newsom administration has openly disagreed with the opinion. A Governor’s office spokesperson said last summer that the Governor disagrees with Bonta’s interpretation and favors “a constructive path forward in collaboration with all stakeholders.” DFS operators have continued meeting with the AG’s office in the same spirit. The signaling from the executive branch has not been enforcement-ready.
Second, enforcement against major DFS operators would require civil litigation, and the operators have signaled they would fight. The most relevant precedent — New York AG Eric Schneiderman’s 2015 action against DraftKings and FanDuel — required a New York State Supreme Court order, not just an AG declaration. Bonta would have to spend political capital and litigation resources on a fight he might lose.
What Happens Next
The one-year anniversary of Bonta’s opinion is July 3. To date, no enforcement action has been publicly initiated. California Penal Code sections 330 and 330a remain on the books. DraftKings, FanDuel, Sleeper, Underdog, and PrizePicks continue to take entry fees from California players on a daily basis.
The longer the gap continues, the more the legal status of California daily fantasy sports starts to look like the legal status of California offshore gambling: technically prohibited under one reading of the law, practically unrestricted in fact.
For more on California gambling, including daily fantasy sports, sports betting, tribal casinos, and the state lottery, visit our California sportsbooks page.