The companies have had the resources to launch lobbying efforts in multiple states and at the federal level once legal questions arose. FanDuel said it has worked with lawmakers to enact consumer protections and "ensure that providers of all sizes" comply with industrywide best practices.
DraftKings said in a statement that it believes "diversity and competition foster innovation."
"While we recognize that each state may take a different approach, we remain committed to working closely with the entire fantasy sports industry to ensure that the steps taken are inclusive and enable growth and innovation," said Griffin Finan, DraftKings director of public affairs.
FanDuel and DraftKings certainly do not want to pay licensing fees after previously operating without them. States hope to generate additional revenue, and the companies are willing to accept the fees to continue operating.
Getting express legalization on the state level also helps FanDuel and DraftKings avoid what could become more heavy-handed federal regulations, said Daniel Wallach, a sports and gaming attorney at Becker & Poliakoff.
"State-by-state movement for DraftKings and FanDuel would be much more favorable in terms of the type of regulation," he said.
Last week's congressional hearing left small businesses doubtful that laws will pass at the federal level soon. Brubaker, who gave testimony at the House subcommittee hearing, said he did not see "any desire" to pass a bill.
In the meantime, legislative action will continue to come at the state level. Five states, most recently Mississippi, have passed bills legalizing and regulating daily fantasy sports. No licensing fee will be required in Mississippi, but Indiana and Virginia will require $50,000 licensing fees, which could effectively lock out most smaller operators.
Proposed legislation in certain other states has favored licensing fees. But some could eventually pass laws that make fees a percentage of the revenue generated in the state, Wallach said, which is a more feasible option for small companies.
With limited resources to lobby, the small-business trade association will focus instead on key strategic states, Brubaker said. Those include California, Pennsylvania and Florida, among others.
Disclosure: Comcast and NBC are investors in FanDuel.