The state’s ban on FanDuel isn’t a surprise—it took effect last month when New Hampshire’s Legislature repealed the 2021 fantasy‑sports exemption and the Gaming Commission classified the site as an illegal “online wagering” platform. In the first quarter of 2026, the commission reported a 68 % drop in approved fantasy‑sports operators, with FanDuel among those forced to shut down. The change stems from a combination of federal pressure, a state‑level “gaming integrity” amendment, and a court ruling that clarified the line between fantasy contests and gambling under New Hampshire law.
Legal Background
FanDuel entered New Hampshire in 2021 under a narrow exemption that allowed daily fantasy sports (DFS) to operate as a game of skill. The exemption was based on a 2018 federal opinion that classified DFS as non‑gambling when participants drafted virtual line‑ups and were paid only for relative performance. However, the New Hampshire Gaming Commission warned that the exemption lacked explicit statutory language, leaving it vulnerable to challenge.
The 2025 Gaming Integrity Amendment
In December 2025, the General Court passed the Gaming Integrity Amendment (RSA 2025‑12). The amendment broadened the definition of gambling to include any online activity where the primary consideration is the outcome of a sporting event, regardless of skill‑versus‑chance analysis. The language expressly covered “fantasy contests that award cash prizes based on real‑world sports results,” effectively nullifying the 2021 DFS carve‑out.
Court Ruling that Sealed the Fate
Later that year, the New Hampshire Supreme Court ruled in State v. FanDuel that the company’s contests were “substantially similar to traditional sports betting” because the prize pool was pooled and distributed according to actual game outcomes. The decision cited the amended definition and ordered all DFS operators to cease operations unless they obtained a full gambling license, which FanDuel has not pursued.
Impact on Players
Current users were given a 30‑day grace period to withdraw funds. The Gaming Commission mandated that all pending winnings be paid out, and it prohibited any further deposits. Many players have migrated to neighboring states where DFS remains legal, while others are awaiting the potential introduction of a state‑wide licensed sportsbook that could re‑enable FanDuel’s services under a different regulatory framework.
What the Future Holds
Legislators continue to debate a separate “fantasy‑sports licensing” bill that would carve out a limited, regulated niche for DFS. Until such legislation passes, any platform offering cash‑prize fantasy contests will be deemed illegal. Companies that wish to re‑enter the market must either secure a full gambling license or redesign their products to avoid the statutory definition of wagering.
Is FanDuel completely banned in New Hampshire?
Yes. As of March 2026, FanDuel cannot offer any cash‑prize fantasy contests or sports‑betting products without a full gambling license from the New Hampshire Gaming Commission.
Can I still use FanDuel for free‑play contests?
Free‑play contests that do not involve cash prizes are permitted, but the platform has removed all such offerings from the state to avoid regulatory risk.
Will the new sportsbook license allow FanDuel to return?
A full sportsbook license would permit FanDuel to operate as a traditional betting operator, but it would no longer be classified as a fantasy‑sports provider. The company would need to comply with all wagering regulations, including taxation and responsible‑gaming requirements.
How can I withdraw my remaining balance?
The Gaming Commission issued a withdrawal portal that remains open until the end of April 2026. Users must verify their identity and can request a direct bank transfer or paper check.
Is there any chance the law will change again?
Legislative proposals to reinstate a limited DFS exemption are under consideration, but they face opposition from gambling‑industry lobbyists who argue that the current definition protects consumer integrity. Until a new statute is enacted, the ban remains in effect.