DraftKings, one of the biggest names in daily fantasy sports, is currently unavailable for play in the state of Oregon. This is due to the state’s laws and regulations around online gambling and fantasy sports contests. However, there are some signs that the legal landscape could be shifting to open up Oregon to DraftKings and other DFS providers in the future.
The Current Legal Situation in Oregon
In 2015, Oregon enacted a law referred to as the “skill gaming bill.” This law banned participation in online daily fantasy sports contests for money, effectively making DraftKings and other DFS sites illegal to play in the state. The law did carve out an exception for free contests. So playing real-money DFS is prohibited, but free DFS contests remain legal.
The reasoning behind Oregon’s DFS ban stems from how these contests are classified under state law. Oregon groups daily fantasy sports along with traditional sports betting under the umbrella of gambling. And most forms of online gambling are restricted in the state.
So unlike some other states that have expressly legalized and regulated daily fantasy sports, Oregon’s policymakers took a different approach and put DFS contests in the same prohibited category as online casinos, poker sites, and sportsbooks.
Are There Any Exceptions to Oregon’s DFS Ban?
While Oregon has not created any broad carve-outs or exemptions to allow real-money DFS contests, there are some limited situations where residents can technically participate legally:
- Free Contests – As mentioned previously, free DFS contests with no entry fees or cash prizes are still permissible under state law.
- Out of State Play – Oregon cannot prohibit its residents from playing DraftKings or other DFS sites while physically located in states where those contests are legal.
- Tribal Gaming – Some Oregon tribes have launched gaming sites and DFS contests available exclusively to tribal members. These are permitted under tribal gaming compacts.
Aside from those narrow exceptions, playing on real-money DFS sites like DraftKings from within Oregon remains an illegal activity under current law.
What Are Some Other Legal DFS States?
Although Oregon has banned paid fantasy sports, many other states expressly permit and regulate DFS contests. Here is a quick overview of some key legal DFS states:
- New Jersey – NJ has fully legalized daily fantasy sports with legislation regulating DFS sites as licensed operators. All major sites can legally serve customers in the state.
- Pennsylvania – PA formally authorized DFS with legislation in 2017. Providers must obtain a license to operate. DraftKings, FanDuel, Yahoo and other major brands are live.
- Colorado – DraftKings, FanDuel and other top DFS brands gained legal market access in CO after the state clarified the legality of paid fantasy sports contests in 2016.
- Tennessee – Formally legalized daily fantasy sports in 2019. Features licensed and regulated DFS markets.
- West Virginia – Legalized DFS in 2019 as part of expanded gaming legislation. Sites must be licensed by the state to operate.
In addition to those states, around 25 others have allowed paid daily fantasy sports contests to operate legally within their borders. This includes large markets like New York, Florida, Texas and others. But Oregon remains a holdout for now.
Could Oregon Legalize DFS in the Future?
While daily fantasy sports remains banned for real money play at present, there are some indications that Oregon could revisit its DFS prohibition in the coming years. A few reasons why:
- DFS is growing more mainstream across the US, with nearly half the states formally legalizing and regulating.
- Oregon is moving closer to approving sports betting, underscored by the passage of SB 584 in 2019 to allow licensed sportsbooks.
- New tribal compacts allow the Confederated Tribes to offer sports betting and could open door for DFS.
- Neighboring state like Washington have expressly authorized fantasy sports.
These trends appear to signal momentum for Oregon to take a fresher look at its DFS policy. While nothing is guaranteed, there are plausible scenarios where the state could legalize and regulate daily fantasy sports in the future, bringing major sites like DraftKings to the market legally.
How Could Oregon Legalize DFS Contests?
If Oregon officials do ultimately revisit the issue of daily fantasy sports legislation, there are couple main paths it could take to legalize and regulate this activity:
- Pass standalone DFS legislation – Follow the lead of states like Virginia and Tennessee that enacted laws specifically focused on fantasy sports contests and providers.
- Include DFS in sports betting legislation – New Jersey, Pennsylvania and others legalized DFS when they implemented laws to authorize sports betting more broadly.
- Clarify legality in the law – States like Colorado simply clarified that paid DFS contests were legal under state law without fully regulating.
Any of those approaches would be viable for Oregon if there was sufficient legislative appetite to open the door to regulated DFS markets. The timing of any action remains uncertain, but it’s an issue worth monitoring going forward.
What Events Can You Play DFS On?
Daily fantasy sports includes a wide range of contests across many different sports. Here are some of the major sports and events offered by top DFS providers like DraftKings:
| Sport | Events |
|---|---|
| NFL Football | Regular season games, playoffs, Super Bowl |
| NBA Basketball | Regular season games, playoffs, Finals |
| MLB Baseball | Regular season games, playoffs, World Series |
| NHL Hockey | Regular season games, playoffs, Stanley Cup Finals |
| College Football | Regular season games, conference title games, College Football Playoffs |
| College Basketball | Regular season games, conference tournaments, March Madness |
| PGA Golf | Major tournaments, FedEx Cup, key events |
| NASCAR | Major races including Daytona 500, Talladega, etc |
| Soccer | European leagues, MLS, World Cup, etc |
As you can see, DFS provides a way for fans to engage with all the major professional and college sports. Contests are offered year-round across a wide range of leagues, events and competitions.
Is DraftKings Legal in Nearby States?
While DFS remains prohibited in Oregon, DraftKings and other top fantasy sports sites are legally available to play in some nearby states. Here is a quick overview:
- Washington – DFS is legal and paid contests are regulated by the Washington State Gambling Commission.
- California – Legal environment is complex but major DFS sites are accessible to CA residents.
- Nevada – DFS is legal although major providers have withdrawn from NV market.
- Idaho – Unregulated but paid DFS contests are generally permissible in the state.
So Oregon residents who happen to be visiting neighboring states where DFS is clearly authorized have the option to participate legally while they are in those jurisdictions.
DFS Remains Prohibited in Some Nearby States
While some bordering states allow daily fantasy sports, that is not the case everywhere surrounding Oregon. Here are some nearby states where DFS contests also remain prohibited currently:
- Utah – DFS is considered illegal gambling under Utah state law.
- Hawaii – Hawaii was actually the first U.S. state to ban paid DFS contests back in 2015.
- Alaska – Unregulated and DFS sites do not offer real money contests to residents.
So while opportunities to play DFS exist regionally, prohibitions in places like Utah and Hawaii also show that Oregon is not completely alone in banning paid fantasy sports contests.
What Payment Options are Typically Available?
For Oregon residents who do travel to legally access DraftKings and other DFS sites, here are some of the payment methods typically available to fund an account and enter contests:
| Payment Type | Details |
|---|---|
| Debit/Credit Card | Major card brands like Visa, Mastercard and American Express supported. |
| Online Banking | Instant connections to checking accounts at major U.S. banks. |
| EWallets | Digital payment processors like PayPal, Skrill and Neteller. |
| Prepaid Card | Reloadable prepaid card options provide convenience. |
| PayNearMe | Make cash deposits at convenience stores to fund accounts. |
| Wire Transfer | Traditional bank wire directly into DFS account. |
| Checks | Mailed physical checks supported by some sites. |
This covers all the most common payment methods. Having a variety of options makes it convenient to deposit and withdraw funds from your DFS account.
Are There Any Restricted Payment Options in Oregon?
While DraftKings and other DFS sites support many payment methods, some options may be restricted or unavailable for Oregon residents. Examples potentially include:
- PayPal – Some DFS sites restrict this popular eWallet service in certain states.
- Cash deposits – Oregon likely blocks retail cash funding channels like PayNearMe.
- State-regulated cards – Oregon may prohibit use of cards associated with state iLottery or sports betting.
However, major credit/debit cards, bank transfers and widely-available options should still be accessible for Oregon users traveling out of state to play DFS.
Can You Play DFS Anonymously?
All regulated DFS sites require customers to provide certain identifying information during the registration process. This includes:
- Legal name
- Physical address
- Date of birth
- Last 4 digits of SSN
- Email address
Anonymous play is not permitted. Sites have KYC (Know Your Customer) and geolocation requirements to confirm a user’s identity and location. This is done to satisfy regulatory standards and provide player safety.
Any winnings earned from DFS contests are reported to state and federal tax agencies using your registered personal information. So anonymous play is not feasible even if traveling to another state to access DFS sites.
Are DFS Accounts Tied to Your Social Security Number?
While providing the last 4 digits of your SSN is typically required during signup, this is primarily used for identity verification purposes. DFS sites do not directly tie or report on accounts using SSNs. Forms like 1099-MISC for tax reporting will instead use your legal name and information.
SSNs are collected solely for ID confirmation. DFS accounts themselves are tracked using assigned usernames and random account numbers for privacy.
Is There an Age Requirement to Play DFS?
Yes, all daily fantasy sports sites require players to be at least 18 or 19 years of age depending on jurisdiction. Here are some examples of legal DFS age minimums in different states:
- New York – 18 years old
- New Jersey – 18 years old
- Pennsylvania – 18 years old
- West Virginia – 18 years old
- Colorado – 18 years old
- Tennessee – 18 years old
- Nevada – 21 years old
DraftKings, FanDuel and other regulated operators will ask for your date of birth during registration. If you are below the required age, you will be unable to create an account or enter paid contests.
Are Minors Ever Allowed to Play DFS?
In some limited cases, certain DFS sites may permit those under 18 to participate in free games with no entry fees and cash prizes. However, minors are strictly prohibited from playing in any real money contests.
So while exceptions exist for free play, you must be either 18 or 19 depending on your state to compete in paid DFS contests for actual cash winnings.
Do Sites Share Information with Third Parties?
Reputable and regulated DFS sites protect users’ personal information and do not share data with external third parties. However, some disclosures are required by law. For example:
- Tax reporting to the IRS
- State gaming regulators may request certain player data
- Disclosures required by court orders or subpoenas
- Support vendors may access limited information on a confidential basis
Aside from these mandated disclosures, DFS sites keep all player account details private. You can verify their privacy policies for more specifics.
Can You Opt Out of Information Sharing?
The tax reporting and legally mandated data sharing detailed above cannot be opted out of. These disclosures are required by law. DFS sites must also share certain data like age verification, geolocation confirmation, and problem gambling checks with their service providers.
However, reputable DFS brands never sell or rent customer details for marketing purposes. And they generally allow players to opt out of promotional emails, texts and direct mailings if desired.
Conclusion
In summary, while daily fantasy sports remains prohibited in Oregon, there are some possibilities that the state could move toward legalizing and regulating DFS in the coming years. But for now, DraftKings, FanDuel and other paid DFS sites are barred from operating real money contests in the state.
Oregon residents would need to travel out of state to legally access most DFS sites. If visiting nearby states like Washington or Nevada where DFS is authorized, major brands like DraftKings do provide legal DFS contests for Oregonians to participate while they are in those jurisdictions. But upon returning home, playing for real money is once again prohibited by state law.
The status of DFS legality across the U.S. is still evolving quickly, so Oregon could someday revisit its stance. But paid daily fantasy sports currently remains a banned activity without indications that will immediately change. Anyone considering DFS play while traveling should first carefully examine the local laws before participating.
