A Massachusetts lawyer has filed a class action lawsuit against Underdog, PrizePicks and Yahoo Fantasy, alleging the three operated as illegal sportsbooks in the state.
Joseph P. Curran, founder of the law practice Curran, Berger & Kludt filed the suit in the Essex County Superior Court on Thursday. While the suit does not state that Curran ever played on any of the sites mentioned, he is seeking treble damages under Massachusetts law that allows anyone to sue for losses if someone has been impacted by gambling losses.
PrizePicks and Underdog removed their fantasy against the house product from Massachusetts in February in advance of a cease and desist letter Massachusetts Attorney General Andrea Campbell’s office sent to ten fantasy operators, including Yahoo Fantasy. Both PrizePicks and Underdog currently offer a peer-to-peer version of their fantasy pick’em games in the state.
In the letter, the office explicitly stated they believed these companies were offering parlay wagering. In a press release in tandem with the issuance of the cease and desist letter, Campbell was also clear about her stance on the issue.
“In Massachusetts, we have laws on the books that demand safe and responsible conduct from gaming operators, and when those laws are ignored, my office will not hesitate to enforce them as a matter of public health and consumer protection. I want to thank the MGC for their partnership in prioritizing these matters.”
Curran said it is possible that Yahoo Sports is still offering illegal bets in Massachusetts.
In the complaint, Curran pointed to regulatory action against these operators in other states such as Wyoming and Florida and also attested that regulators in Kansas, Mississippi, Arkansas, North Carolina and Arizona are investigating the defendants.
In those states listed, several fantasy operators have revised or removed products from the marketplace in consultation with regulators.
Curran argued that these fantasy sites were operating in violation of the law as illegal sportsbooks and claims they profited over $10 million a month in revenue from these actions.
“He never even played on our platform. It’s a completely transparent fishing attempt by a plaintiffs lawyer, and it will get dismissed sooner rather than later. A press release searching for a legal theory, trying to extract a settlement. We will to continue to offer our product in compliance with Massachusetts law,” an Underdog spokesperson told SBC Americas.
PrizePicks declined to comment on the matter.
