Report: After 18 months of growth and expansion, FanDuel laying off employees

FanDuel, one of the two leading companies in the daily fantasy sports industry, is reportedly scaling back with employee layoffs after expanding rapidly for most of the last 18 months.

Citing multiple sources within the company, Forbes first reported on the layoffs. FanDuel has yet to comment on the report.

…New York-based FanDuel has begun the process of laying off some of its staff. The layoffs were announced by a senior executive within the company. At the time of publication, it is unknown how deep the cuts are or across how many departments. Initially reached for comment on Tuesday, a spokesperson for FanDuel denied any layoffs were occurring. Multiple emails to FanDuel seeking comment on Wednesday after confirmation of the layoffs went unreturned.

On a company history page apparently last updated in 2014, FanDuel reported having 79 employees in three offices in the United States and Scotland. As of Wednesday, the company’s LinkedIn profile claimed over 500 employees across its US and UK offices.

Fueled by massive fundraising rounds, FanDuel poured considerable resources into development and acquisitions in 2015. The company opened an office in Orlando and staffed it with 40 former Zynga employees, then acquired a Scotish app development company and DFS analytics site numberFire within a matter of months.

The company also started generating more of its own content under the FanDuel Insider blog umbrella.

“Our ambitions have really broadened,” CEO Nigel Eccles told TechCrunch, after the numberFire acquisition. “We’ve started to think of ourselves less as a fantasy sports business — we want to make sports more exciting.”

And then there were the ads, without which no narrative featuring FanDuel or DraftKings is complete.

The companies combined to spend more than $220 million on television advertising alone in the span of three months in the latter half of 2015, garnering attention from prospective customers, opponents from the broader gaming industry and aggressive politicians while burning through significant portions of their fresh capital.

Both companies defended the ad spend in September when public backlash against the ubiquitous campaigns began to boil over into attention from major media outlets, but have since admitted (quite begrudgingly, in DraftKings’ case), that maybe they went a little overboard.

The content of those ads, and the inability to escape them, are cited in virtually every media report about the industry and every piece of harmful legislation or negative opinion from an attorney general. One politician in Washington state has even introduced a bill that would make advertising DFS a felony in the state.

In recent months, the funds that the company spent on advertising—a planned expense—have gone toward legal defenses and lobbyists, likely an unplanned expense, at least to the extent the companies now find necessary.

And while advertising and legal spending have been a drain on both of the industry’s leading companies, it has likely been especially costly to FanDuel. The company, which had a three-year head start on DraftKings and opened 2015 as the clear industry leader, saw that lead dissipate entirely by the close of the year.

Cuban upbeat about daily fantasy’s future; FSTA doesn’t expect federal action

Dallas Mavericks owner Mark Cuban delivered an upbeat keynote address at the Fantasy Sports Trade Association Winter Conference on Wednesday, colorfully urging the industry to push forward through its current turmoil.

“What I’m up here to tell you, is when things seem to be going against you, that’s when the best shit is about to happen,” Cuban said. “When everyone is ganging up on you, that’s when the best shit is about to go down.

“Now is not only the time to fight back, but to step up.”

Considering the unfurling legal uncertainties for daily fantasy sports, a positive message from a high-profile public figure was welcomed.

The location of the FSTA conference itself encapsulates the story of an industry fighting for its life on multiple fronts.

Originally scheduled to be held in Las Vegas, plans shifted and a new home was found in Dallas after the Nevada Gaming Commission ruled that DFS was gambling and operators needed a license to offer contests in the state.

Then Tuesday, as conference attendees were arriving in the state from across the country, Texas Attorney General Ken Paxton issued a similar opinion, stating that he believed a court would find DFS to be illegal gambling according to state law.

Paxton’s opinion is distinct from those issued in New York—where DraftKings and FanDuel were threatened with criminal sanctions—and Illinois, where the companies were asked to leave. Both continue to operate in each state as the legal process unfolds, with trials expected in late spring/early summer.

Cuban said he’s been told the Texas Attorney General’s office will not pursue a lawsuit and instead leave the issue to be clarified by the state legislature. Two bills were introduced last year that would require DFS operators to be licensed in Texas, and more and more state legislatures are contemplating bills as 2016 sessions ramp up.

That state-by-state approach appears to be preferred by the FSTA. In his opening remarks at the conference Wednesday, FSTA president Paul Charchian said the industry was taking a “50-state initiative.”

“It’s going to be 50 small battles, not one big battle,” Charchian said.

That point was later reiterated by FSTA chair Peter Schoenke.

Sill looming and unmentioned Wednesday were the investigations underway by federal prosecutors in New York and Florida.

Cuban, for one, appears undaunted. He’s invested in a pair of fantasy-related sites/services, and said Wednesday he remains bullish on the industry’s future.

“Now is the best time to invest (in fantasy sports,)” he said.

FSTA keynote speaker, fantasy investor Mark Cuban slams Texas AG’s opinion on DFS

Unsurprisingly, Dallas Mavericks owner Mark Cuban doesn’t agree with the opinion issued by Texas Attorney General Ken Paxton on Tuesday that daily fantasy sports is illegal gambling in the state.

Perhaps even less surprising is that he’s been voicing his displeasure on Twitter most of the afternoon.

As Twitter tirades go, this one is pretty tame and equally predictable.

Cuban is a noted proponent of daily fantasy; the Mavericks have a multi-year marketing deal with FanDuel, he’s the keynote speaker at this week’s Fantasy Sports Trade Association Winter Conference in Dallas, and he recently invested in FantasyLabs, a DFS tools and analytics service. It wasn’t entirely uninformative, however. We got at least some insight on Cuban’s undisclosed stake in FantasyLabs.

Cuban is set to speak at the FSTA conference at 10:30 a.m. Central on Wednesday.

Texas Attorney General becomes the latest to find daily fantasy to be illegal gambling

Another state Attorney General has ruled that daily fantasy sports is illegal gambling, dealing the latest in a series of unfortunate headlines for the once ascendant industry.

The bearer of Tuesday’s bad news was Ken Paxton of Texas, who issued an opinion stating:

Under section 47.02 of the Penal Code, a person commits an offense if he or she makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. Because the outcome of games in daily fantasy sports leagues depends partially on chance, an individual’s payment of a fee to participate in such activities is a bet. Accordingly, a court would likely determine that participation in daily fantasy sports leagues is illegal gambling ‘under section 47.02 of the Penal Code.

“Simply put, it is prohibited gambling in Texas if you bet on the performance of a participant in a sporting event and the house takes a cut,” Paxton said via press release. “These sites are also wrong in claiming an actual-contestant exception, which applies only to contestants in an actual skill or sporting event.  And unlike some other states, Texas law only requires ‘partial chance’ for something to be gambling; it does not require that chance predominate.”

In Texas, the courts have the responsibility of determining what is legal, and the opinion of the Attorney General is nonbinding. However, it may carry weight in legal challenges, the Austin American Statesman reports.

Paxton also found season-long leagues to fall under the definition of illegal gambling of section 47.02 of Texas code, but said that private leagues in which no rake is taken may be protected from prosecution.

DraftKings responded with a statement attributed to counsel Randy Mastro, stating it intends to continue operations in Texas.

“We strongly disagree with the Attorney General’s prediction about what the courts may or may not do if ever presented with the issue of whether daily fantasy sports are legal under Texas law. The Texas Legislature has expressly authorized games of skill, and daily fantasy sports are a game of skill. The Attorney General’s prediction is predicated on a fundamental misunderstanding of DFS. We intend to continue to operate openly and transparently in Texas, so that the millions of Texans who are fantasy sports fans can continue to enjoy the contests they love.”

Paxton joins an expanding list of attorneys general who have weighed in on daily fantasy sports in recent months.

  • Based on an opinion from its Attorney General, Nevada ruled in October that daily fantasy companies were gambling operations and needed a gaming license to do business in the state.
  •  New York’s Eric Schneiderman issued industry leaders FanDuel and DraftKings cease-and-desist letters brimming with threats and incendiary rhetoric. The companies have been allowed by courts there to continue operating in the state pending a trial expected to take place in the coming months.
  • On Dec. 23, Illinois’ Lisa Madigan said that daily fantasy contests amount to illegal gambling and asked FanDuel and DraftKings to amend their terms of services and cease accepting players from the state. Both companies have reached agreements with the Attorney General’s office that will allow them to continue operations through a trial scheduled for June.
  • Last week, Maryland’s Brian Frosh asked the state’s legislature to further clarify state law relating to daily fantasy sports.
  • A representative of Vermont’s Attorney General’s office said in a legislative committee hearing on Friday that daily fantasy sports contests violate the state’s gambling laws and that it does not support pending legislation that would exempt DFS.

Paxton’s opinion was announced on the same day that the Fantasy Sports Trade Association Winter Conference is set to begin in Dallas. The conference was moved from its previously scheduled location in Las Vegas after the Nevada Gaming Commission’s unfavorable ruling.

And though Paxton’s opinion is not what the fantasy industry would like to hear, attorney Daniel Wallach pointed out that the language is far less aggressive than what’s been seen elsewhere.

Citing research from Eilers & Krejcik Gaming, LegalSportsReport.com reported that Texas accounts for about 8 percent of the total DFS market, making it one of the top five states in terms of active players.

Grading the picks: NFL Divisional Round and final season results

Since Week 4 of the NFL season we’ve gathered the recommended fantasy plays from various analysts across the industry. In our final update of the season, we present the results for each fantasy tout for both the Divisional Round of the playoffs and the cumulative totals.

Disclaimer: These results are not scientific, and are not intended to be taken as such. Our motive is to bring some small measure of accountability and record-keeping to a subsector of the daily fantasy industry that has boomed in the last two years.

A note on our methodology: Player prices are divided by 1,000 and then compared against the points earned. For example, a player with a salary of $5,000 would be converted to 5. If that player scored 10 points, his fantasy-points-per-dollar rating would be 2.0; if he scored 15 points, his rating would be 3.0, etc.

Each analyst’s picks from last week can be viewed here. For the purpose of our calculations, players who were inactive were removed.

Cumulative results

FreerollTop Prize
None currently listed
FreerollTop Prize
MLB Regular Salary Cap, Pro Pick'em & Live Snake Draft200 FFP (Fantasy Feud Reward Points)

Wild Card results

FANDUEL   
AnalystOutletNumber of picksFantasy points per dollar
Brad PinkertonSporting News44.78n
Justin BaileyRotoWorld82.84
DailyFantasyNerd optimizer82.57
RotoWire optimizer72.48
Renee MillerRotoWorld102.32
Jeff MansFantasy Alarm182.26
RotoGrinders optimizer82.2n
Thomas EmerickSporting News81.75
OperatorTotal Entry Fees In ($)Total Prizes Out ($)Effective Rake %
DraftKings15,548,74614,197,58710.4
DraftPot95,16689,6465.8
FanDuel*24,809,31822,584,2009.6
FantasyFeud86,36994,822-9.8n
FantasyDraft125,206140,932-12.6
PickChamps583885-51.8
StarsDraft1,8372,235-21.6
Yahoo504,691477,5005.4

Aejones overcomes 30-point deficit, takes home $5 million in largest DFS contest to date

Aaron Jones, also known by his DraftKings moniker “aejones,” became the biggest single-tournament winner in the history of daily fantasy sports on Sunday, going home with $5 million in the DK Fantasy Football World Championship.

The tournament began last month in San Diego, with 200 qualifiers competing to earn a spot in the top 10 and advance to the championship round. Scores were carried over from San Diego, and renowned DFS pro Charles Chon (Condia) entered the weekend with a substantial lead. His 219.2 points in Round 1 gave him a 26-point advantage over the nearest competitor and a nearly 30-point advantage over Jones.

But Condia’s fortunes turned early in the championship round when Packers wide receiver Randall Cobb was injured in the first half against Arizona and removed from the game before scoring a point. Add in Heath Miller’s subpar performance (one catch, 5 yards) and Condia was at a significant disadvantage.

Meanwhile, Jones got serviceable totals across his roster and cashed in with 30-plus point totals from both Larry Fitzgerald and Martavis Bryant. Here’s the full lineup:

5millLU

Compared to Round 1, scores were down considerably; Jones’ 162 in the championship round was 11 points better than Danny Moreno (Danny1234), who finished second on the day and overall, taking home a $2 million prize.

Condia finished third with a $1 million payout.

Grading the picks: The most-recommended DFS plays, NFL Divisional Round edition

Here’s our weekly look at the most-recommended DFS plays from some of the industry’s most well-known analysts.

This will be our final round of up recommendations for the NFL season, and it’s a stripped-down version for the playoffs with just a four-game slate and some of the touts we typically monitor laying out for the playoffs. If you’d like to see how the analysts fare last week, as well as cumulative results for the full season, check here.

Our usual disclaimer: DailyFantasyTalk will not be supplying DFS picks nor will we offer commentary on the picks of others. Each week we gather the recommendations, post them here and link back to the original source so that interested readers can investigate the reasoning if they’re so inclined.

Here are this week’s picks. Check back next week to see how each analyst scored.

Consensus

Quarterback

  • Carson Palmer—FanDuel 8,900; DraftKings 6,500

Running back

  • David Johnson—FanDuel 8,500; DraftKings 6,000
  • C.J. Anderson—FanDuel 5,900; DraftKings 3,700

Wide receiver

  • Michael Floyd—FanDuel 6,500; DraftKings 5,100
  • Demaryius Thomas—FanDuel 8,100; DraftKings 7,000
  • Doug Baldwin—FanDuel 7,400; DraftKings 6,800

Tight end

  • Greg Olsen—FanDuel 6,500; DraftKings 6,900
  • Travis Kelce—FanDuel 6,600; DraftKings 5,100

Defense

  • Broncos—FanDuel 5,300; DraftKings 3,900

* * *

Matthew Berry, ESPN

Love/Hate

  • Carson Palmer—DK 6,500
  • Tom Brady—DK 7,400
  • Peyton Manning—DK 6,000
  • Russell Wilson—DK 6,800
  • David Johnson—DK 6,000
  • Spencer Ware—DK 4,500
  • CJ Anderson—DK 3,700
  • Steven Jackson—DK 3,300
  • Demaryius Thomas—DK 7,000
  • Emmanuel Sanders—DK 5,800
  • Doug Baldwin—DK 6,800
  • Jared Abbrederis—DK 3,000
  • Michael Floyd—DK 5,100
  • Greg Olsen—DK 6,900
  • Owen Daniels—DK 2,500
  • Travis Kelce—DK 5,100
  • Cardinals—DK 3,800
  • Patriots—DK 3,500
  • Broncos—DK 3,900

Jerry Donabedian, RotoWire

DK Value Plays

  • Tom Brady—DK 7,400
  • David Johnson—DK 6,000
  • CJ Anderson—DK 3,700
  • Doug Baldwin—DK 6,800
  • James Jones—DK 4,600
  • Travis Kelce—DK 5,100
  • Broncos—DK 3,900

RotoWire optimizer—FanDuel

  • Carson Palmer—FD 8,900
  • James White—FD 6,500
  • CJ Anderson—FD 5,900
  • Demaryius Thomas—FD 8,100
  • Julian Edelman—FD 7,800
  • Michael Floyd—FD 6,500
  • Greg Olsen—FD 6,500
  • Panthers—FD 5,000

RotoWire optimizer—DraftKings

  • Carson Palmer—DK 6,500
  • David Johnson—DK 6,000
  • CJ Anderson—DK 3,700
  • Julian Edelman—DK 7,100
  • Demaryius Thomas—DK 7,000
  • John Brown—DK 5,200
  • Michael Floyd—DK 5,100
  • Travis Kelce—DK 5,100
  • Panthers—DK 3,700

RotoGrinders optimizer—FanDuel

  • Cam Newton—FD 8,700
  • David Johnson—FD 8,500
  • Jonathan Stewart—FD 6,300
  • Doug Baldwin—FD 7,400
  • Michael Floyd—FD 6,500
  • James Jones—FD 6,500
  • Greg Olsen—FD 6,500
  • Cardinals—FD 4,800

Thomas Emerick, Sporting News

FanDuel Cash Game Lineup

  • Carson Palmer—FD 8,900
  • David Johnson—FD 8,500
  • CJ Anderson—FD 5,900
  • Emmanuel Sanders—FD 7,700
  • Randall Cobb—FD 6,600
  • Michael Floyd—FD 6,500
  • Greg Olsen—FD 6,500
  • Patriots—FD 4,700

Ryan Noonan, DraftKings Playbook

  • David Johnson—DK 6,000
  • Marshawn Lynch—DK 6,400
  • Jonathan Stewart—DK 5,800

Benny Ricciardi, DraftKings Playbook

  • Greg Olsen—DK 6,900
  • Rob Gronkowski—DK 7,500
  • Travis Kelce—DK 5,100
  • Broncos—DK 3,900
  • Panthers—DK 3,700

DailyFantasyNerd optimizer—DraftKings

  • Russell Wilson—DK 6,800
  • David Johnson—DK 6,000
  • Fitzgerald Toussaint—DK 4,200
  • Doug Baldwin—DK 6,800
  • Emmanuel Sanders—DK 5,800
  • Demaryius Thomas—DK 7,000
  • Heath Miller—DK 3,200
  • Martavis Bryant—DK 6,000
  • Broncos—DK 3,900

DailyFantasyNerd optimizer—FanDuel

  • Russell Wilson—FD 8,400
  • Fitzgerald Toussaint—FD 6,200
  • David Johnson—FD 8,500
  • Michael Floyd—FD 6,500
  • Martavis Bryant—FD 7,100
  • Demaryius Thomas—FD 8,100
  • Heath Miller—FD 5,400
  • Broncos—FD 5,300

numberFire optimizer—FanDuel

  • Alex Smith—FD 7,200
  • Eddie Lacy—FD 6,200
  • David Johnson—FD 8,500
  • Julian Edelman—FD 7,800
  • Randall Cobb—FD 6,600
  • Doug Baldwin—FD 7,400
  • Greg Olsen—FD 6,500
  • Cardinals—FD 4,800

numberFire optimizer—DraftKings

  • Tom Brady—DK 7,400
  • Steven Jackson—DK 3,300
  • Eddie Lacy—DK 5,100
  • David Johnson—DK 6,000
  • Larry Fitzgerald—DK 6,500
  • Emmanuel Sanders—DK 5,800
  • Travis Kelce—DK 5,100
  • Cardinals—DK 3,800

Daily fantasy sports operator FantasyUp dissolves, takes players’ money

Daily fantasy sports site FantasyUp has ceased operations, having apparently squandered player funds in an attempt to stay afloat over the last six months.

Both the website and the app went dark Thursday, and players were reportedly sent the following email, stating that balances would not be paid out.

For the past few years, FantasyUp has been providing daily fantasy sports (DFS) contests with industry leading promotions. The Company essentially paid players to play on its platform with the expectation that industry would continue to expand and a financing deal would allow for us to further our growth within the industry.

Such a deal presented itself to FantasyUp months ago, before being delayed for investor personal issues. Over the following weeks, the industry saw numerous legal issues arise, increasing the cost of doing business and the decreasing the ability to raise funds.

FantasyUp no longer has the capital to fund even minimal operations. The owners and investors in FantasyUp continued to fund the business while waiting for the financing deal, but after numerous conversations with advisors, experts, and past/potential investors, the Members of the LLC have concluded that they have no choice but to shut down the business and dissolve.

As of January 14th, 2016, the Company has ceased operations and legally dissolved the business. Our sincere apologies that we cannot process withdrawals, as the Company does not have the funds needed to process the withdrawals to all customers.

It was our privilege to serve you for the past few years.

Kind Regards,

The FantasyUp Team

FantasyUp’s payout problems date back to the summer, when it blamed players’ inability to access funds on a stalled financing deal.

“Frankly, we are skipping many steps that are seen by most startups (even FanDuel and DraftKings) in terms of financing,” a site rep told DailyFantasyTalk at the time. “This will help FantasyUp dramatically expand its reach to places DK/FD have not been and product/game offerings unique to the available games today.”

The site continued accepting deposits with no mention of withdrawal issues, and players eventually started receiving payouts after two weeks.

But problems started cropping up again last month. At that time, players reported that payout delays were being blamed on a change in PayPal’s Acceptable Use policy. The site continued all other regular operations, including accepting deposits, until shutting down Thursday.

In one email chain obtained by DailyFantasyTalk, a FantasyUp customer support representative blamed stalled withdrawals on a software update in mid-December and tax reporting issues in early January. The player said he had not received requested withdrawals since November.

FantasyUp was launched by Dan Ziernicki in 2014, reportedly using $3.5 million he won on other DFS sites.

Though it is (was) a third-tier operator, the news that players have been stiffed is troubling for an industry fighting a widespread battle against negative public perception. Grandstanding politicians have wasted few opportunities to call daily fantasy companies crooks, and can’t be expected to discern the difference between the behavior of DraftKings and FanDuel and one of the industry’s bottom-feeders.

In other words, this is chum for a feeding frenzy.

Though no similar problems have been reported at larger sites, in an unregulated environment, players are left without assurances. The Fantasy Sports Trade Association specifies its members must segregate player deposits from operating funds, but its oversight powers appear relatively weak.

Daily fantasy sports and heroin pretty much the same, Washington lawmaker says

A bill that would make felons out of daily fantasy operators and advertisers in Washington state will get a public hearing Monday.

Introduced last week by Christopher Hurst and David Sawyer, the bill specifically rules fantasy sports games to be games of chance rather than skill, and then pushes that sentiment to the boundaries of credulity in the following passage:

The legislature further finds that, in fantasy sports games, the relative success of a participant is determined almost entirely by the element of chance rather than the element of skill.

Among its follies, the bill cites humorist/television host John Oliver as a “British journalist.”

It seeks to make operating or advertising a fantasy sports game a Class C felony in the state, punishable by up to five years in prison and a fine of up to $10,000. In the table detailing crimes by seriousness level in Washington, operating or advertising fantasy sports contests would fall roughly between residential burglary and vehicular assault.

Though clearly aimed at operators of the daily variant, it would also specifically prohibit fantasy contests “of any duration” in which the participants put up something of value.

Hurst, though, told KIRO radio, “about the only people it’s going to apply to are FanDuel and DraftKings,” which he referred to as “a significant criminal element.”

“(Fantasy sports) is a natural extension of a great American pastime,” Hurst said. “What we have here are a couple of companies that are stealing money from the people who play, running horribly misleading and untrue advertising, and actually taking bets in the state, which is a felony every time they do it.”

“This is no different than El Chapo down in Mexico advertising heroin or methamphetamine on our airways a thousand times a day to get kids to try it.”

He went on to clarify that the law only targets for-profit business that take a handle from fantasy sports entry fees.

“This is one of the most horrifically run criminal enterprises parading as a legitimate business that I’ve ever seen,” Hurst said.

Most DFS operators exclude players from Washington in their terms of service, but Hurst says the sites have been accepting deposits from players in the state anyway.

Meanwhile, bills have also been introduced in the Washington state House and Senate that would make fantasy sports contests legal and classify them as games of skill.

Hurst’s bill is scheduled for a hearing in the state House Committee on Commerce & Gaming, of which Hurst is the chair, at 1:30 p.m. local time on Monday.

 

Bill to make daily fantasy sports legal in Florida gets the green light in subcommittee

Prior to last week, no legislation regulating daily fantasy sports had been passed anywhere in the United States.

As of Tuesday afternoon, two bills are moving forward in the legislative process after a bill that would make daily fantasy sports clearly legal in Florida—as well as institute hefty licensing and regulatory fees—passed a committee vote.

HB 707 passed with a 10-3 vote in the Florida Hours of Representatives’ Business and Professions subcommittee and now moves to the Regulatory Affairs committee. Last week, a similar bill was passed in a California Assembly committee.

Neither piece of legislation appears to be a finished product; many those voting in favor voiced reservations about the bills in their current forms. The Florida bill would exclude fantasy sports from the state’s gambling laws, but some lawmakers expressed concerns about its lack of regulatory teeth.

Bill sponsor Matt Gaetz indicated that he plans to amend HB 707 to include background checks for DFS operators and repercussions for operators that fail to abide by applicable laws.

“My belief is that if we pass this bill in this format, that we will become a model for the country,” Gaetz said. “And we will show the country how to appropriately deal with fantasy contests.”

From an operator perspective, the inclusion of $500,000 licensing fees and $100,000 annual renewal fees are problematic, at least for the smaller sites.

Similar legislation has also been filed by Florida’s Senate President Joe Negron, who recently told SaintPetersBlog.com, “due to a dated Attorney General opinion, there is a need to clarify in Florida law that fantasy sports are legal, as well as institute commonsense regulations that protect consumers. I believe the legislation that Representative Matt Gaetz and I filed will do just that – keeps fantasy sports legal and protects consumers.”

SB 832 was formally introduced on Tuesday and has been referred to the Regulated Industries committee.