On the eve of the Super Bowl—likely the biggest sports betting day of the year—the San Francisco Chronicle published a major investigative piece examining why daily fantasy sports (DFS) platforms—such as DraftKings, FanDuel and PrizePicks—continue to operate in California despite clear legal prohibitions that were recently confirmed by the California Attorney General.
“[T]his is a brazen refusal to comply with a clear-cut legal framework. To the extent there was any ambiguity, as soon as that [Attorney General] opinion came out it resolved that ambiguity [against the sports betting platforms],” Wesley M. Griffith, California Managing Partner at Almeida Law Group, is quoted as saying in the article.
The Chronicle’s reporting highlights a widening disconnect between California’s statutory and regulatory framework around online gambling and the reality of DFS operations in the state:
- Clear illegality under state law: Attorney General Rob Bonta’s 2025 opinion concluded that DFS constitutes illegal sports wagering under Penal Code §337a.
- Industry expansion despite the AG’s opinion: DFS operators continue to advertise heavily, offer California-specific promo codes and allow users to place “Pick ’Em” bets that functionally mirror traditional parlays.
- Minimal enforcement: Despite the AG’s unequivocal position, the state has not brought criminal or civil actions against major operators, forcing private litigation to fill the enforcement gap.
- Rise of prediction markets: Platforms offering wagers on everything from sports outcomes to geopolitical events are expanding rapidly, including within California.
Private Litigation Filling the Void.
In the absence of criminal or regulatory enforcement, the Almeida Law Group, with co-counsel, has filed putative class actions in California and New York challenging the practices:
“While these cases are still working their way through the federal court system, we remain confident in our core legal theory—these sports betting platforms violate the law and harm consumers,” said Peter Silva of Tycko & Zavareei, who is co-counsel on the matters.
Leadership of the Litigation
The Almeida Law Group is leading the charge on these important cases, alongside a coalition of nationally recognized consumer protection attorneys:
- Peter Silva and Kate Aizpuru of Tycko & Zavareei LLP
- Jacksy Bilsborrow of Weitz & Luxenberg
- Margot Cutter of Cutter Law P.C.
- Wesley M. Griffith and David McGee of Almeida Law Group LLC
Together, this team is pursuing claims against major operators that misrepresented illegal gambling as lawful entertainment and profit from that unlawful activity.
Request a Free Case Review
If you think you may have been harmed by illegal online daily sports gambling, prediction markets, or other online gambling services—including those offered by DraftKings, FanDuel, PrizePicks, Kalshi, Crypto.com, PolyMarket, or Betr—please contact us to request a free case review.