State Attorney General Maura Healey proposed new consumer protection regulations Thursday for daily fantasy sports sites like FanDuel and Boston-based DraftKings.
Most of the money won on daily fantasy sports sites goes to just two percent of players, Healey said at a press conference.
“That’s because there’s a small set of professional players who have figured out advanced ways to win the majority of the games,” she said.
As a result, Healey wants the sites to set up separate pools for less experienced players that exclude those big winners. She’s proposing a minimum age of 21 for playing on the sites, and wants to require more transparent advertising.
The regulations also bar daily fantasy sports sites from running contests on college sports, and limit how much a single person can lose to $1,000 per month, unless the companies can verify that a user can afford to lose more than that.
“It is my hope that they will see that his is what is right, this is what is necessary to protect consumers in our state, and they will willingly work to copy with these regulations," Healey said. "And more importantly, take these steps today even while this rule-making process is ongoing to make sure that we do everything we can to get the right policies in place."
Healey ruled last month that the sites are legal, but she suggested Thursday that that’s still an open question.
"The question is whether or not its legal or illegal,” she said. “And as I’ve said in the past it is not unambiguously clear that they apply to this new industry that was never envisioned at the time those laws were drafted. That said, I think a prudent course forward for us is to take action today, immediate action, to promulgate these regulations. They are detailed, they are robust, and they will protect consumers here in the state."
Both DraftKings and FanDuel released statements praising the proposed regulations as reasonable, while stating that they’ll provide feedback in the 60-day comment period. There will be a public hearing on the regulations in January.
Healey notes that other state entities, like the Massachusetts Gaming Commission, could still call for regulating the sites as gambling outfits. In a Gaming Commission meeting Thursday, commission chair Steven Crosby said they plan to issue a report on daily fantasy sports by the end of December, and that they will hold what they’re calling a day-long “public education forum” on the subject on December 10.
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