FanDuel is the most recent defendant in the California DFS class action lawsuit.

Another fantasy sports case is being handled by the same legal company that represented the plaintiffs in class action lawsuits against DraftKings and PrizePicks in California earlier this year.

The plaintiff claimed that FanDuel had misled him about its legitimacy.

The Almeida Group, together with three other organizations, has filed a complaint on behalf of California citizen Gilbert Criswell, who believes that the corporation is offering illegal sports betting in the state and has done so since 2015. According to Criswell, he created a FanDuel account and thought what he was doing was lawful because of FanDuel’s guarantees. He does, however, assert that he “did finally learn the true unlawful nature of the gambling websites’ operations” before filing his lawsuit.

The lawsuit alleges that FanDuel falsely presents its fantasy sports products as lawful in the state and cites Attorney General Rob Bonta’s office’s July opinion that all daily fantasy sports are illegal in their perspective. The lawsuit contends that the arbitration clause in the terms and conditions does not bind Criswell and that the statute of limitations around Criswell’s complaint is complicated by its false assertions regarding its validity.

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PrizePicks and DraftKings squaring off

In a similar vein, DraftKings and PrizePicks were accused of selling illicit gambling products. These lawsuits were filed just prior to the AG opinion being released. Motions to dismiss have been filed by both businesses.

DraftKings made it clear in its motion that the Bonta ruling does not alter the text of the legislation.

Despite the fact that DraftKings’ DFS contests are lawful and there is no authority to the contrary, the Court does not need to address that matter because the numerous threshold issues—such as standing, the public policy doctrine, lack of jurisdiction, and statute of limitations—make it evident that Plaintiffs’ claims fail right away.

Although the two motions are different, they highlight many of the same issues, such as the fact that California courts have not traditionally taken gambling-related claims into account.

In addition to filing a lawsuit against Kalshi in the Southern District of New York on the grounds that the company’s contracts for sporting events constitute unlawful gambling, the Almeida Group is continuing to be busy with gaming-related case loads.

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