North Dakota Daily Fantasy Sports

North Dakota law does not formally address daily fantasy sports, but all major DFS apps accept residents 18 or older and have done so for years without issue.

All DFS apps in North Dakota rely on the longstanding argument that their games are contests of skill rather than chance to avoid classification as illegal gambling. State officials seem content with the current status quo because they have never attempted to push daily fantasy sports operators out of North Dakota or threatened legal action.

Continue below for a thorough but straightforward North Dakota daily fantasy sports guide.

DFS Apps in North Dakota

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The absence of a regulatory framework isnโ€™t necessarily a bad thing for sports fans in North Dakota. In some states, high tax rates and burdensome DFS licensing requirements have thinned out the number of operators willing to serve those statesโ€™ residents.

In contrast, North Dakota does not require licenses or regulations on daily fantasy sports operators, so residents can choose from a wide variety of traditional DFS platforms and newer pickโ€™em-style apps.

The downside is that lower-quality DFS apps can also operate in North Dakota without regulatory oversight, so players must ensure they stick with reputable and well-known fantasy sports brands.

North Dakotaโ€™s general fraud and consumer protection laws still apply to daily fantasy sports apps, but operators do not undergo the rigorous vetting process required in states that do regulate fantasy sports.

For that reason, we urge readers to stick with established DFS apps in North Dakota. Each of the following operators has run safe, legitimate contests for years and has acquired licenses in states that do regulate fantasy sports:

Daily fantasy pick โ€˜em apps like PrizePicks and Underdog offer the closest alternative to online sports betting in North Dakota. In pickโ€™em contests, you pick two or more athletes and predict whether each will record more or less than a projected stats total.

For example, a football contest might ask whether a quarterback will throw for more or less than 255.5 passing yards and whether a running back will record more or less than 77.5 rushing yards.

Pickโ€™em contests closely resemble online sports betting, but DFS apps argue that they constitute daily fantasy because every contest involves at least two athletes and resolves based on their statistical performances. Regulators in some states dispute the legality of fantasy pickโ€™em contests, but that has not been the case in North Dakota to date.

North Dakota law does not address daily fantasy sports.

Technically, daily fantasy sports contests exist in a legal gray area, neither expressly legal nor prohibited. Practically, theyโ€™re de facto legal because all of the nationโ€™s prominent DFS apps have operated in North Dakota for years without pushback from local authorities.

The federal Unlawful Internet Gambling Enforcement Act (UIGEA) treats fantasy contests as games of skill, and North Dakota has never passed legislation to contradict the UIGEAโ€™s DFS carveout.

State officials have weighed in only sparingly. Then-Attorney General Wayne Stenehjem addressed the legality question in 2015, saying daily fantasy sports would likely be legal if they qualified as games of skill and probably would not be legal if they counted as games of chance.

The office never followed up with a formal opinion, and the matter has stayed unresolved ever since. North Dakota law enforcement has taken no action against fantasy operators, and no DFS legislation has gained traction in the legislature.

DFS apps in North Dakota operate legally in practice. State law does not address the legality of daily fantasy sports contests, but numerous prominent apps accept North Dakota residents and rely on the stateโ€™s skill-based exception to avoid classification as illegal online gambling.

Yes, although state law does not directly address their legality. Fantasy pickโ€™em contests operate under the same legal premise as standard daily fantasy leagues: that they are contests of skill and therefore exempt from North Dakotaโ€™s gambling laws.

All major DFS apps accept customers 18 or older.

Yes. Some states have passed legislation prohibiting contests based on college sports, but that is not the case in North Dakota.

Yes. Winnings from DFS contests are taxable income in North Dakota. Consult a tax professional for qualified advice.