FanDuel Seeks Dismissal of Lawsuit Based on 300-Year-Old Gambling Law

January 8, 2026
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Legal Challenges Facing Major Sportsbooks

FanDuel and DraftKings, two prominent names in the sports betting industry, are currently under legal scrutiny. DraftKings is facing a lawsuit from a Michigan resident who claims the company failed to adhere to consumer protection rules, causing harm to the individual.

FanDuel’s Defense Against Antiquated Legal Claims

FanDuel is confronting legal action involving an exceptionally old statute dating back over 300 years. This law is being used as the basis for a case against the company, but FanDuel, owned by Flutter Entertainment, is actively seeking to have the lawsuit dismissed.

Other Companies and the Statute of Anne

The lawsuit also names DraftKings and BetMGM as defendants. The complaint cites the Statute of Anne, which allows gamblers to recover losses exceeding a specific limit from betting operators. Originally, this law aimed to address the financial fallout for gamblers and to provide relief related to gambling addiction, though it was described in much less direct terms in the 18th century.

Modern Legal Perspectives on an Old Law

From a contemporary viewpoint, the Statute of Anne appears outdated and somewhat arbitrary, effectively enabling gamblers to wager without facing significant risk. In the United States legal system, it is common for such historical statutes to be reexamined. Experts consider that the lawsuit has minimal chance of success if brought before a judge.

Divergent Opinions on Gambling Loss Recoveries

Washington, DC Attorney General Brian Schwalb supports dismissing the case, arguing that the Statute of Anne is irrelevant given the current federal regulations that recognize and legalize sports betting. However, groups like DC Gambling Recovery advocate for the return of losses exceeding $25, though their stance is rooted in an outdated legal framework.