Instead, in an interview earlier this year, she said the games involved skill because "you are actually following and researching the players and teams, versus just going in and plopping down $3 for a lottery ticket and the computer generates the numbers."
The attorney general’s office didn’t see it that way.
Wright Banks Jr., deputy attorney general, wrote Kim saying that fantasy sports constitutes illegal gambling and are not allowed under Georgia law.
Major industry operators FanDuel and DraftKings have also insisted fantasy sports are not gambling but a game of skill. Therefore, they say they should be exempt from a federal online gambling prohibition.
The companies have been under scrutiny after accusations surfaced last year of employees participating in the contests with insider information, including an employee who finished second in a contest on FanDuel, winning $350,000.
Nevada gambling regulators began requiring that companies offering daily fantasy sports obtain a state gambling license to continue operating there.
The FBI and U.S. Justice Department were reported to have opened an investigation into how daily fantasy sites operate. Lawmakers in Pennsylvania, Massachusetts and New York have also considered whether to add fantasy sports to state gambling code regulations.