New York State has implemented updated rules on sports betting in October, which includes a ban on betting adverts near education establishments. However, the documents from the New York State Registrar show that FanDuel, owned by Flutter Entertainment, lobbied against this ban, particularly objecting to advertisements in areas near college or university campuses. The New York State Gaming Commission, on the other hand, defended the ban, stating that it helps prevent “predatory” marketing to minors.
FanDuel also opposed other advertising rules proposed in New York, such as the requirement for compulsive-play-assistance messaging in ads, claiming it would take up too much space. The Commission disagreed, stating that such a requirement is not inconsistent with state law and that betting ads in New York should be appropriately regulated. FanDuel also expressed disapproval of operators being held responsible for false or misleading statements made by companies marketing their services, but the Commission defended its position, emphasizing the need for operators to control the behavior of affiliates effectively.
FanDuel raised concerns about the impracticality of prohibiting certain keywords that may attract problem gamblers, comparing it to liquor stores advertising to potential alcoholics. However, the Commission argued that licensees can take steps to limit the risk, such as not including specific phrases in website keywords. Fantasy sports being classified as sports betting was another point of contention, as FanDuel objected to operators being strictly liable for prohibited persons entering contests. The Commission maintained that licensees should take responsibility and evaluate each case individually before deciding on punishment.
Additional areas of concern for FanDuel included the requirement for an independent testing laboratory to certify the platform’s performance and anti-money laundering requirements. However, the Commission deemed these measures necessary for ensuring public confidence in the integrity of the system and rejected FanDuel’s opposition. Despite these disputes, FanDuel remains the market leader in the New York online sports betting market, boasting the highest handle and revenue totals for November.
The publication of these documents coincides with FanDuel’s continued success in the New York online sports betting market. In November, FanDuel generated $923.4 million worth of online sports bets and posted $69.2 million in revenue. Furthermore, New York witnessed a record number of online bets in November, with consumers spending $2.11 billion on sports betting, making it the highest amount ever bet in any US state in a single month. Online revenue for the month reached $150.9 million, slightly behind the record set in October.