Massachusetts Daily Fantasy Sports Sites

Massachusetts law strikes the right balance between protecting customers and fostering a competitive market. A simple registration process encourages operators of all types who collectively offer a diverse range of fantasy contests, including daily and season-long leagues, parlay-style predictions, and more.

Unfortunately, the Massachusetts Gaming Commission (MGC) does not publish a list of registered fantasy sports sites for players to verify their legality. However, BettingUSA has confirmed that the following fantasy sports apps and websites are available, reputable, and open to Massachusetts customers 21 or older.

Pick’em Fantasy Sports Sites in Massachusetts

About a year after Massachusetts legalized online sports betting, the MGC turned its attention to the legality of fantasy pick’em sports sites.

During an August 2023 meeting, MGC Interim Director Todd Grossman confirmed the Commission had begun a review of pick’em fantasy contests and whether they comply with state DFS laws or constitute illegal sports wagering.

“There’s been a great deal of activity surrounding the boundaries of sports wagering and daily fantasy sports, and whether there’s some overlap between the two,” he said. “That is to say, whether there are certain activities offered by DFS operators that may be considered sports wagering activity.”

Most Massachusetts fantasy pick’em sports sites remained active in the state during that time, but the MGC review eventually determined such contests violate state law. In February 2024, the Massachusetts Attorney General’s Office sent cease-and-desist letters to ten fantasy pick’em sports sites:

• Boom Fantasy
• Chalkboard Fantasy Sports
• OwnersBox
• Parlay Play
• RealTime Fantasy Sports
• Sleeper
• Splash Sports
• StatHero
• Vivid Picks
• Yahoo Daily Fantasy Sports

PrizePicks and Underdog Fantasy, two of the most popular Massachusetts pick’em fantasy sports sites, did not receive cease-and-desist letters. Both had already consulted with the Massachusetts AG’s office and agreed to replace their standard pick’em contests (played against the house) with peer-to-peer pick’em variants played against other players.

Massachusetts Daily Fantasy Sports Law

Massachusetts law requires fantasy sports sites to register with the Massachusetts Gaming Commission (MGC), pay a 15% tax on revenue, and restrict participation to customers 21 or older.

In addition, licensed Massachusetts fantasy sports apps and websites must conform to consumer protection regulations adopted by the Attorney General.

• Massachusetts DFS Law: An Act Regulating Sports Wagering
• Massachusetts DFS Regulations: 940 CMR 34

The Massachusetts daily fantasy sports market is unique because the state gaming commission is only responsible for approving DFS operators for registration. Meanwhile, the Attorney General’s Office retains regulatory and oversight powers.

Between the two laws, Massachusetts DFS regulations have the most significant impact on the industry and players’ experiences with daily fantasy sports. As 940 CMR 34 states in its purpose section, the regulations aim to achieve two overarching goals:

• “Protect Massachusetts consumers who play Daily Fantasy Sports contests for prizes from unfair and deceptive acts and practices that may arise in the gaming process”
• “Protect the families of persons who play Daily Fantasy Sports to the extent that they may be affected by unfair and deceptive practices that lead to unaffordable losses”

Massachusetts DFS Regulations for the Protection of Consumer Funds and Data

Maryland daily fantasy sports operators must take the following actions to protect their customers’ money and private information:

• Prominently publish all terms and conditions that apply to customers’ accounts
• Keep customer funds in segregated bank accounts separate from operational funds
• Implement procedures to prevent unauthorized withdrawals from customers’ accounts, ensure funds in the segregated account belong exclusively to customers, and prevent the commingling of funds in the segregated account with other funds
• Establish protocols to report and respond to customer complaints
• Establish protocols to honor customers’ withdrawal requests within five business days (ten days if the law requires any tax reporting paperwork), to pay prizes to customers who have closed their accounts, and for dealing with unclaimed funds in abandoned accounts
• Prominently publish methods for customers to submit complaints and respond to complaints within ten business days

Massachusetts DFS Rules on Accounts and Identity Verification

The following regulations order registered Massachusetts fantasy sports sites to ensure customers have one account each and verify their identities:

• Operators must have policies and procedures preventing customers from establishing more than one username or account
• Fantasy sports sites and apps must use “commercially and technologically reasonable measures” to confirm each customer’s identity and address
• Operators must also have measures to prohibit the use of proxy servers (VPNs) and prevent one DFS player from acting as a proxy for another (such as using geolocation technology to prevent simultaneous logins to a single account from different locations
• Massachusetts DFS sites must retain customer account and prize information for all users for at least ten years

MA DFS Responsible Advertising Regulations

Registered Massachusetts daily fantasy sports sites must comply with the state’s nonspecific truth in advertising regulations found in 940 CMR 3 and 940 CMR 6. In addition, fantasy sports advertisements must:

• Not depict minors, students, schools, colleges, or school/college settings
• Not imply endorsements by minors, college athletes, colleges, or college athletic associations
• Include information about problem gambling resources in Massachusetts
• Not make inaccurate representations about players’ chances of winning or average net winnings
• Not target minors, schools, or colleges

Additionally, Massachusetts DFS sites may not host fantasy sports contests based on amateur, college, high school, or student sporting events.

Massachusetts Daily Fantasy Sports Bonus Rules

Registered Massachusetts DFS operators must comply with general Massachusetts regulations on fair and truthful promotions outlined in 940 CMR 3.13 (3) and 940 CMR 6.08 (except for sections 6.08(3)(b) and (c), 5(b) and (c) and (6)).

Two additional DFS-specific rules require daily fantasy sports sites in Massachusetts to:

• Thoroughly and accurately disclose the terms and conditions of all promotional offers upfront
• Not issue new customer bonuses that take longer than 90 days for users to complete

MA DFS Responsible Gambling Requirements

The following Massachusetts DFS regulations require operators to support responsible gambling by:

• Offering tools for customers to self-exclude from all contests and set limits on the number of contests entered, maximum entry fees, and deposits
• Not sending direct marketing to excluded fantasy sports customers
• Prominently publishing resources for players to get assistance with problem gambling
• Training employees to identify and assist customers who may have gambling problems
• Establishing requests made by third parties to exclude DFS players or set deposit and loss limits if those third parties can provide evidence of sole or joint financial responsibility for the source of funds used to enter fantasy contests
• Restricting players from depositing more than $1,000 per month
• Establishing procedures for consumers to increase their deposit limits if they can prove they have the financial means to afford losses that might result from the increased deposit limits
• Not extending credit to customers

Protecting the Integrity of DFS Contests in Massachusetts

The following fantasy sports contest regulations are intended to protect the integrity of Massachusetts fantasy sports contests:

• The employees, principals, officers, directors, and contractors of fantasy sports sites may not participate in DFS contests hosted by any operator except for testing purposes
• Employees may participate in contests for testing purposes if the operator notifies the other players and awards any prizes won by the employee to the customer who would have won the prize otherwise
• Employees may not disclose proprietary or non-public information that could impact a DFS contest
• Athletes, sports agents, team employees, referees, and league officials may not participate in DFS contests for events they could affect
• Operators must not knowingly permit athletes, referees, league officials, or team employees to share nonpublic information; if learning of a violation, the operator shall bar that person from participating

Massachusetts DFS Level Playing Field Regulations

To support a level playing field, registered MA daily fantasy sports sites must:

• Offer beginners-only contests open exclusively to players who have entered fewer than 51 contests on that platform and have not won three or more prizes of $1,000+
• Identify highly-experienced players (anyone who has participated in more than 1,000 contests or won more than three contests with prizes of $1,000+)
• Provide on-boarding procedures for new customers that explain how to play, and identify highly-experienced players
• Prohibit the use of unauthorized scripts

Additionally, Massachusetts DFS law requires operators to restrict the number of entries any individual player may submit into any contest based on the following rules:

• Customers may not submit more than one entry into a DFS contest with 12 or fewer entries
• No more than two entries in any contest with 13-36 entries
• No more than three entries in any contest with 37-100 entries
• For contests with 100+ entries, fantasy sports sites must restrict customers from submitting no more than 3% of all entries or 150 entries (whichever is smaller)
• Operators may make up to 2% of their total DFS contests unlimited-entry events if the cost of participating is $50 or more per entry

How Massachusetts Legalized DFS

Massachusetts legalized and regulated daily fantasy sports over several phases spanning 2015 to 2022. Fantasy sports sites mostly operated under the radar before then, but a major DFS advertising blitz in 2015 brought increased scrutiny from regulators in Massachusetts and elsewhere.

The big question that arose around that time was whether daily fantasy sports contests were even legal in Massachusetts, which prompted Attorney General Maura Healey to investigate the issue. Later in 2015, she determined that daily fantasy sports do not constitute illegal gambling in Massachusetts and stated she would meet with DFS operators to discuss implementing consumer protection measures.

The Massachusetts Gaming Commission (MGC) also investigated the daily fantasy sports business model around this time but concluded it was unclear whether DFS games violate state law. The MGC stated it would be wise to regulate Massachusetts fantasy sports sites but noted it does not have regulatory authority over DFS “without formal legislative action broadening its oversight powers.”

The MGC’s conclusions punted the issue back to AG Healey, and she acted in November 2015 by proposing regulations to govern the fantasy sports industry. In a statement, Attorney General Healey explained that the rules would focus on “protecting minors, ensuring truthful advertising, bringing more transparency to the industry, and leveling the playing field for all consumers.”

AG Healey’s draft regulations set a minimum age of 21 to play DFS in Massachusetts and implemented many consumer protection rules that broadly fit the following categories:

• Protecting minors
• Ensuring a level playing field
• Responsible advertising
• Financial protections

While AG Healey’s draft rules underwent a public comment period that extended into 2016, the MGC published a white paper detailing the critical issues the legislature should consider regarding fantasy sports.

The MGC reiterated that the matter of legality remains “unsettled” and that it has no regulatory authority over the Massachusetts fantasy sports industry. However, the MGC offered to assume that role should the legislature pass a bill to legalize and regulate fantasy sports in Massachusetts.

In March 2016, AG Healey filed the final Massachusetts DFS regulations, which included minor revisions to the initial proposal from November. The final regulations took effect on July 1^st, 2016, establishing a regulatory framework for DFS in Massachusetts.

Despite the MGC’s offer to regulate fantasy sports, Governor Charlie Baker signed an economic development bill in August 2016 to formally legalize DFS and incorporate AG Healey’s regulations through July 31^st, 2018.

In 2018, lawmakers introduced S 2273 to regulate fantasy sports permanently. The bill resembled legislative efforts in other states but called for higher-than-average licensing fees of up to $100,000 and a 15% tax on operators.

The bill’s high licensing fees worried some DFS proponents, but those concerns evaporated when S 2273 died before becoming law. Instead, lawmakers tacked on a provision to the 2018 budget that ended the sunset clause on AG Healey’s regulations, making DFS permanently legal and regulated in Massachusetts without any additional fees or taxes.

Massachusetts fantasy sports sites operated free of special taxes or licensing requirements for the next few years, but that changed in 2022. When lawmakers legalized online sports betting in Massachusetts, they included a provision taxing DFS operators 15% and requiring them to register with the MGC.

Massachusetts Daily Fantasy Sports FAQ