Following greater than two months associated with deliberation, the Massachusetts Gambling Commission (MGC) held a good adjudicatory reading on a “Can’t Lose capital Parlay” ad campaign utilized by Barstool Sportsbook in 03.
Responsible betting has been a large focus for your MGC and Barstool’s use of “ Can’t Lose capital Parlay” falls in a gray region when it comes to sportsbook promotions.
The particular commissioners invested Wednesday talking about the terms. Here’s what you need to know:
Customers and ‘ risk-free’ exercise
On 03 10, the initial day associated with legal on-line sports betting within Massachusetts, Barstool provided a “Can’ capital t Lose Parlay” (CLP) advertising on a podcasting hosted simply by Dan Katz, also known as “Big Kitten”.”
The particular CLP had been promoted within the Barstool gambling app within Massachusetts. Additionally, Barstool originator Dave Portnoy Tweeted a photograph of their bet fall for a bet of $13,458.70 on the CLP via the Bar stool Massachusetts application.
Jonathan M. Albano, who represented PENN National Gaming, the owner of Barstool Sportsbook, defended the “Can’t Lose Parlay” campaign during the adjudicatory hearing. He acknowledged that the promotion was indeed featured during the relevant time frame but argued that it did not violate Massachusetts gaming laws.
Albano stated that the “Can’t Lose Parlay” did not violate state regulations and that from the perspective of a reasonable consumer, participating in a parlay requiring four winning bets would not be seen as a risk-free activity.
While Albano emphasized that, in his opinion, the “Can’t Lose Parlay” did not violate Massachusetts sports betting regulations, he mentioned that Barstool has permanently ended the offering of the promotion. According to PENN National Gaming, Bar stool has not operate the Can’ t Shed Parlay since March 13.
Epigramme vs . legitimacy
Jonathan M. Albano defended the “Can’t Lose Parlay” promotion by highlighting its satirical nature. He explained that it is a humorous and satirical reference to Mr. Katz’s reputation as a poor gambler. Katz himself has admitted to being a bad gambler and often shared on social media that nobody should listen to his advice.
Albano argued that the “Can’t Lose Parlay” should not be taken seriously and is meant to be seen as a satirical reference to Katz’s personality and reputation as a bad bettor.
According to Albano, the promotion had over 122,000 unique players in various states in 2023, with 55% of them being repeat customers. The fact that many customers placed the parlay bet again indicates that they were not misled into thinking it was without risk.
Albano also mentioned that PENN provides links and access to gambling resources and assistance to explain the concept of a parlay and its inherent risks, with the potential for larger payouts.
He further stated that the “Can’t Lose Parlay” promotion has been offered in 15 jurisdictions without objection from regulatory authorities, and PENN has no record of any customer objecting to the offer. Albano emphasized that Massachusetts residents are just as capable and knowledgeable to understand that winning four bets is required to win the parlay.
It’s important to know that the perspective provided is based on Albano’s defense of the promotion during the adjudicatory hearing, and the final decision of the Massachusetts Gaming Commission has not been specified
PENN guards Portnoy’ t social media make use of
During the hearing, PENN National Gaming defended Dave Portnoy’s use of social media to share his “Can’t Lose Parlay” wager. Jonathan M. Albano argued that everything in Portnoy’s tweet was accurate and did not contain any false statements. He compared the tweet to other advertisements or claims that use hyperbole or creative language, such as “world’s best pizza” or buffalo wings without actual buffalo meat. Albano stated that no reasonable person would interpret the “Can’t Lose Parlay” as a risk-free activity.
Commissioner Michael O’Brien raised the question of whether Portnoy’s tweet violated the Massachusetts regulation that prohibits the endorsement of a “risk-free” bet. Albano navigated around the issue, acknowledging that PENN “owned” the message as it came from someone closely associated with Barstool, but stopped short of categorizing it as an outright endorsement. He argued that the tweet was a promotion of the bet and that anyone interested would need to visit Barstool to place the bet.
Commissioner Anthony Hill expressed concern about potential confusion among Massachusetts bettors and emphasized the commission’s responsibility to protect consumers. Albano countered by citing the legal standard set by courts across the country, including the US Supreme Court, which relies on the perspective of a reasonable person. He mentioned that the Federal government Communications Commission payment has established a similar standard for speech in advertising and emphasized that the regulation should be applied based on how a reasonable person would interpret it.
The Massachusetts Gaming Commission moved to a private session to discuss the alleged Barstool violation. The decision, including any potential disciplinary action, will be communicated in writing at a later date.
Dan Holmes is a Staff Writer for PlayMA with significant experience in the field. He has authored three books about sports and has previously worked for the National Baseball Hall of Fame and Major League Baseball. Dan has also been involved in the launch of sports betting in various states, including Ohio and Maryland. Currently, he resides in Michigan with his family.
