FanDuel states it does not knowingly sell the personal information of users under 16 years old without legally required consent.
This analysis describes what FanDuel's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The policy's protection applies only where FanDuel has actual knowledge that a user is a minor, and the first sentence's reference to 'without legally-required affirmative authorization' introduces a conditional that may narrow the protection in some contexts.
Interpretive note: The first instance of the sentence includes the clause 'without legally-required affirmative authorization,' which may permit sale with appropriate consent, while the repeated sentence omits this qualifier; the interaction between these two formulations introduces minor ambiguity about the scope of protection.
The updated privacy policy no longer explicitly covers the FanDuel Fantasy Picks platform (www.fanduel.com/picks) and its mobile app. Previously, the policy stated it applied to the DFS Site, Skill Games Site, and Picks Site together. Now only the DFS Site and Skill Games Site are listed in the policy scope. This creates ambiguity about what privacy rules, data collection practices, retention periods, and user rights apply to your Fantasy Picks account. You should review FanDuel's website to determine whether a separate privacy policy governs Fantasy Picks data, or contact FanDuel directly to clarify what privacy terms apply to that service.
View change record →If a minor accesses FanDuel's platform, the policy states their data will not be sold without the legally required authorization, but the protections are limited to known minors and do not describe active age verification mechanisms beyond identity document collection.
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"Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization. Please note that we do not knowingly sell the personal information of minors under 16 years of age.— Excerpt from FanDuel's FanDuel Privacy Policy
(1) REGULATORY LANDSCAPE: CCPA and CPRA require opt-in consent for the sale of personal information of consumers between 13 and 16 years of age, and parental consent for those under 13, consistent with COPPA. The policy's reference to 'legally-required affirmative authorization' tracks this framework. COPPA is enforced by the FTC for users under 13. State gaming regulations in all jurisdictions where FanDuel operates independently prohibit minors from participating in paid contests, which interacts with the privacy framework around age verification data collection. (2) GOVERNANCE EXPOSURE: Medium. The 'knowingly' qualifier is standard but places the burden of age verification on FanDuel's systems. If age verification is inadequate and minors access the platform, both the gaming regulatory violation and the data privacy violation could arise simultaneously. The duplication of the statement in the policy (the sentence appears twice verbatim) does not alter its legal significance. (3) JURISDICTION FLAGS: All US jurisdictions where FanDuel operates are relevant given state gaming age restrictions. California's CPRA creates the most specific data privacy obligations for users aged 13-16. COPPA applies federally for users under 13. (4) CONTRACT AND VENDOR IMPLICATIONS: Advertising and data sharing agreements with third-party partners should include explicit prohibitions on using data of users identified or suspected to be minors for commercial purposes. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether FanDuel's age verification procedures are sufficient to support the 'knowingly' standard and whether any gaps in those procedures create exposure under COPPA, CCPA, or state gaming regulations.
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The policy's protection applies only where FanDuel has actual knowledge that a user is a minor, and the first sentence's reference to 'without legally-required affirmative authorization' introduces a conditional that may narrow the protection in some contexts.
If a minor accesses FanDuel's platform, the policy states their data will not be sold without the legally required authorization, but the protections are limited to known minors and do not describe active age verification mechanisms beyond identity document collection.
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