As the debate rages on about whether daily fantasy sites are gambling, DraftKings has taken a proactive approach by filing a lawsuit in Texas on Friday.
Per ESPN Chalk's David Payne Purdum, DraftKings is asking the Texas state court to "decide legality of daily fantasy sports." This comes on the same day Brian M. Rosenthal of the Houston Chronicle reported that FanDuel agreed to stop operating in Texas starting May 2.
Rosenthal provided a statement from Texas Attorney General Ken Paxton: "I commend FanDuel for responsibly and proactively working with us to reach this settlement. This will spare both the company and the taxpayers of Texas the expense of an extensive lawsuit that I believe would only affirm what my office has already determined."
DraftKings and FanDuel have been fighting various legal battles in different states pertaining to whether they are gambling sites.
New York Attorney General Eric Schneiderman filed an amended lawsuit against DraftKings and FanDuel in January, asking the companies to return all the money they made in the state to the people who lost money and pay a fine of up to $5,000 in each case, per ESPN.com's Darren Rovell.
In December, Illinois Attorney General Lisa Madigan said daily fantasy sports betting is illegal under state law. "All games of chance or skill, when played for money, are illegal gambling," she said, per ESPN.com.
A Kentucky man filed a class-action lawsuit against DraftKings and FanDuel in October, claiming both companies failed to disclose that their employees have access to "insider data" that could help them win money at the expense of customers, per Brent Schrotenboer of USA Today.
DraftKings has maintained that it is not a gambling site, which the new lawsuit in Texas seeks to reaffirm as the company looks to continue its operations in the state.