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Daily Fantasy Football under fire

Five states around the country have outlawed daily fantasy sports, but Colorado still allows fans to play for cash.

Daily Fantasy Football under fire

COLORADO SPRINGS, Colo. - There's a new focus on fantasy football.

Lawmakers and others are now asking if playing DraftKings or FanDuel fantasy football is gambling and should be regulated.

At its core - daily fantasy is a pay-for-play avenue to win cash.

"It definitely changed the way I watch football," said Dan McCarthy, who is an avid season-long fantasy player - but the murkiness surrounding the daily version has him nervous.

"It feels almost like gambling to me," said McCarthy. "I don't know if it's kind of a gray area legal-wise or how they're getting around that. That's kind of what's kept me away from it a little bit."

By definition, "gambling" must check three boxes:

"It has to be luck involved, has to be a reward at the end, and you have to put money into it," said attorney Mike McDivitt. "Luck is the key"

McDivitt says daily fantasy sites have found a loophole.

"The distinction is gambling is prohibited because the individual putting money into it has no control over the outcome," said McDivitt. "That's the concept. The exception here, supposedly, is that the individual has some control."

The state of Nevada says daily fantasy sites can't operate in town until they have the proper licenses, while five other states have banned them outright.

So, what's next here in Colorado?

McDivitt doesn't believe Colorado will get involved.

"We're in a middle-ground area here," said McDivitt. "I don't think it's going to get outlawed [in Colorado]."

While we wait for federal intervention, McCarthy believes fantasy play will get a boost.

"If people knew that there were regulations in place it might make it more family friendly," said McCarthy. "Or more people would be willing to participate."

As of today - Arizona, Iowa, Louisiana, Montana, and Washington state have banned daily fantasy websites.

The FBI is investigating if their business model violates federal laws.

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