Earlier this week the National Advertising Division (NAD), an arm of the Better Business Bureau, told DraftKings to stop saying it was the largest fantasy sports site on the web.

The decision is yet another salvo in the battle between the two biggest sites in the rapidly growing weekly/daily fantasy sports market. It’s also a decision that’s both non-binding and very much up for debate.

According to a report on MediaPost.com, the debate hinges on which site is the largest, “US-based,” fantasy site.

The folks over at DraftKings say that FanDuel is actually based in Scotland, not the United States.

But both FanDuel, and the NAD, say that only a few FanDuel staffers are Scottish and that most of their staff is in the US. (FanDuel was founded in Scotland, but has shifted the bulk of its operations and incorporation to the US.)

It’s a subtle difference but it packs a big punch. In the NAD’s words:

When viewing the claim, consumers could reasonably understand the claim to mean that DraftKings’ website is the ‘largest’ daily fantasy sports destination available to consumers in the United States.

That distinction is a very big deal for US consumers who are reluctant to deal with what they perceive as offshore gambling sites.

It’s also a big deal for FanDuel as they compete for their share of the rapidly growing US fantasy market, which is primarily centered on weekly fantasy NFL teams.

DraftKings representatives issued a statement saying they, “respectfully disagreed,” with the decision. In short, it looks like these two fantasy giants will continue their battle over who the biggest…presence in the US.

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