Underdog Surrenders Fantasy Licenses in Seven States: A Strategic Shift Toward Prediction Markets

Underdog Surrenders Fantasy Licenses in Seven States: A Strategic Shift Toward Prediction Markets

Overview: A Defining Moment for Fantasy Sports and Prediction Markets

Underdog Fantasy, a New York-based operator that began as a daily fantasy sports (DFS) platform in 2020, has made a bold and controversial move: it is voluntarily surrendering its DFS licenses in seven U.S. states rather than abandon its rapidly growing prediction market business. This decision, announced by founder and CEO Jeremy Levine on September 4, 2024, marks a pivotal shift in the company’s strategy—and signals a broader clash between state-regulated fantasy sports and federally regulated prediction markets.

The affected states include Maryland, Massachusetts, Michigan, Mississippi, New Jersey, Ohio, and Pennsylvania. In these jurisdictions, Underdog will cease offering all fantasy contests, including its highly popular Best Ball Drafts product. The company’s prediction market offerings, however, will continue in most of these states—with Michigan being a notable exception.

Why Underdog Is Walking Away From DFS Licenses

The Conflict: State vs. Federal Regulation

The core of the issue lies in a legal and regulatory conflict. State regulators in the seven states informed Underdog that its Commodity Futures Trading Commission (CFTC)-regulated prediction platform was incompatible with its state-licensed fantasy sports operations. In other words, the company could not simultaneously operate both under the same corporate umbrella.

Levine explained the situation plainly on X (formerly Twitter): “Those states have taken a legal viewpoint we disagree with: if we offer our CFTC-licensed products we cannot offer fantasy sports in those states. So we had to choose.”

Underdog’s choice was clear: surrender its DFS licenses and focus on prediction markets, which it believes have more long-term potential and are subject to federal, not state, oversight.

The Timeline

Underdog’s Path From DFS to Prediction Markets

A Company Born in Fantasy Sports

Underdog launched in 2020 as a DFS operator, quickly gaining a loyal following for its Best Ball Drafts—a format where players draft teams and the best-performing lineup automatically advances through a season-long tournament. It became one of the largest DFS companies, rivaling giants like DraftKings and FanDuel.

The Pivot to Predictions

In early 2024, Underdog began a strategic pivot toward prediction markets, a fast-growing sector where users wager on the outcome of real-world events—sports games, elections, economic data, and more. These contracts are regulated by the CFTC, not state gambling authorities.

Key milestones in this pivot:

Michigan: A Curious Exception

Interestingly, Underdog is willing to give up its Michigan DFS business even though its prediction market product is not currently available there. Michigan, along with Arizona and Nevada, is listed as ineligible for Prediction Picks. This underscores how committed the company is to its long-term prediction market vision—even if it means sacrificing current revenue in a state where the replacement product hasn’t launched yet.

The Broader State-Federal Regulatory Battle

What Are Prediction Markets?

Prediction markets allow users to buy and sell contracts based on the probability of future events. For example, a user might buy a contract that pays $1 if a particular NFL team wins the Super Bowl. These contracts are classified as commodities under U.S. law and fall under the exclusive jurisdiction of the CFTC.

The State Pushback

State gaming regulators and attorneys general argue that many of these contracts—especially those tied to sports events—are essentially bets or wagers and should be subject to state gambling laws. They contend that operators like Underdog are attempting to bypass state regulation by claiming federal preemption.

The Two Sides

Prediction Market OperatorsState Regulators
Argue CFTC has exclusive jurisdiction under the Commodity Exchange ActContend that sports contracts constitute illegal sports betting
Federal commodities law preempts state gambling lawsState gambling laws should apply to any product resembling wagering
Prediction markets are legitimate hedging and speculation toolsThese products are unlicensed gambling targeting consumers

A National Dispute

This is not an isolated incident. Across the U.S., state and federal regulators are clashing over the boundaries of prediction markets. The outcome of this dispute could reshape the entire legal landscape for both fantasy sports and prediction markets.

What This Means for Underdog Users

Fantasy Sports Players

Prediction Market Users

The Disruption of DFS

Daily fantasy sports emerged about a decade ago as a regulatory workaround—skirting traditional sports betting laws by classifying contests as games of skill. Now, prediction markets are doing the same thing to DFS: challenging its legal basis and forcing operators to choose sides.

Underdog’s Calculated Gamble

By voluntarily surrendering DFS licenses, Underdog is betting that:

  1. Prediction markets will grow faster than traditional DFS.
  2. Federal regulation will ultimately prevail over state restrictions.
  3. The sacrifice is temporary—if the regulatory conflict resolves in favor of federal oversight, the company can re-enter DFS markets or fully focus on prediction products.

Potential Ripple Effects

Expert Take: What Analysts Are Saying

Industry observers note that Underdog’s move is both strategic and risky. On one hand, prediction markets are attracting massive investment and user interest. On the other, the legal fight is far from settled. “Underdog is the first major DFS company to make this kind of sacrifice,” says a gaming analyst. “Others will be watching closely to see if the bet pays off.”

Conclusion: The Future of Fantasy and Prediction

Underdog’s decision to surrender its DFS licenses in seven states is more than a business pivot—it is a battle line drawn in the sand between state and federal regulators. The company is willing to cannibalize its legacy business to chase what it sees as the next big thing in legal wagering.

As state regulators and federal agencies continue to spar over jurisdiction, Underdog’s gamble may define the regulatory future of both fantasy sports and prediction markets. For now, users in the affected states lose access to Drafts, but gain a clearer picture of where the industry is heading.