ESPN Bet and PENN Entertainment could face penalties in Massachusetts due to poorly phrased remarks made by Rece Davis during College GameDay last year. He described betting analyst Erin Dolan’s NCAA tournament pick as a “risk-free investment,” which has sparked significant backlash. This week, the Massachusetts Gaming Commission held a hearing regarding Davis’ comments from March 2024. Should the commission rule against ESPN, both ESPN Bet and PENN could face fines or risk losing their sports betting license.
Although Davis attempted to clarify his statements on the Pat McAfee Show, the MGC expressed concerns about his assertion that “nobody watching would actually believe” Dolan’s pick was “risk-free.” Commissioner Eileen O’Brien emphasized the importance of considering what a “reasonable person” might understand, distinguishing between those familiar with betting and those outside the industry. She stated, “I think the standard should be the reasonable person who may not be sophisticated in the industry.”
Nonetheless, O’Brien commended ESPN for its proactive approach in reporting the incident and providing immediate guidance to Davis during the live broadcast, referring to their response as “the best you can do in the circumstances.” The commission chair also praised ESPN for its “swift action.” Additionally, while reviewing this case, the MGC may take into account a previous incident involving Dan “Big Cat” Katz of Barstool Sports, where in 2023, the MGC called for the removal of a parlay labeled the “Can’t Lose Parlay” from the Barstool Sportsbook app.
Notably, Massachusetts is one of 22 states where ESPN Bet operates, thanks to a partnership between PENN and Disney. If ESPN self-reported Davis’ infraction to the MGC, it likely did so across all states where it has a presence. These hearings represent the initial steps in determining whether Davis’ comments were harmful enough for the commission to sever ties with the operator.
