DraftKings Withdraws Pick6 Product from Maryland Following Regulatory Concerns

Launched in early December in six US jurisdictions, including Maryland, Pick6 faced regulatory challenges from the Maryland Lottery and Gaming Control Agency, leading to its withdrawal.

Maryland’s Regulatory Stance on Pick6

The Maryland Lottery and Gaming Control Agency determined that Pick6 violated state regulations. According to the agency’s spokesperson, Seth Elkin, Maryland’s sports wagering law categorizes certain bet types as sports wagering, which are distinct from daily fantasy sports (DFS). This classification led to the conclusion that Pick6, which encompasses elements of sports wagering, cannot be offered as a DFS game in Maryland.

Pick6, similar to DFS pick’em games by PrizePicks and Underdog Fantasy, allows users to select props to compete in a traditional DFS format. Notably, both PrizePicks and Underdog Fantasy had previously withdrawn their pick’em games from the Maryland market due to similar regulatory concerns.

Maryland’s Broad Definition of Sports Wagering

Elkin elaborated that Maryland’s definition of sports wagering includes various bet types such as single-game bets, parlays, moneylines, and proposition bets. Competitions with any of these components are considered sports wagering in Maryland and are not permissible under DFS laws.

Maryland’s decision is part of a broader trend where several states have either rejected, issued warnings, or are reviewing the legality of pick ’em-style fantasy games. California, another jurisdiction where Pick6 operates, might reassess its stance following a request for legal opinion from the state’s attorney general.

DraftKings’ Ongoing Operations in Maryland and Other States

Despite the withdrawal of Pick6, DraftKings continues to offer online and retail sports betting in Maryland. The fantasy game remains available in other states, including Alaska, California, Georgia, and more, as indicated by Jon Aguiar, DraftKings’ Director of Peer-to-Peer Games.