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Massachusettes Sports Betting: MGC Holds Hearing On Barstool’s ‘Can’t Lose Parlay’

Bill Speros, Bookies

The parent company of Barstool Sports, meanwhileawaits word on any fines or penalties after an adjudicatory hearing of the MGC on June 7 over alleged violations of sports betting marketing regulations. When mobile sports betting launched in Massachusetts on March 10, a “Big Cat Can’t Lose Parlay” was promoted on the Barstool Sports “interface” and in a tweet by Barstool founder Dave Portnoy

Penn Sports Interactive was the first Massachusetts sports betting operator to face such a hearing for alleged violations concerning laws governing marketing and promotion that prohibit content that is “deceptive, false, misleading, or untrue, or tends to deceive or create a misleading impression.” 

A two-hour hearing included the so-called “Crunch Berry Defense” used by Penn’s attorneys to defend the promotion. The MGC will issue its finding, which could include fines and penalties, in writing. There is no set timetable. 

The matter was initially raised during an MGC meeting on March 15. During that meeting, Investigations and Enforcement Bureau Director Loretta Lillios told the Commission about the wager, named for Barstool personality Dan “Big Cat” Katz. At that time, the MGC agreed to commence the investigation, set a hearing, and formally alert Penn Sports Interactive of the matter. 

The parlay in question focused on four college games: Ohio State vs. Michigan State, UAB vs. North Texas, Ohio vs. Toledo, and Indiana vs, Maryland. The promoted parlay hit. That same day, Portnoy shared a photo of the bet slip from the Barstool app showing he bet $13,458.70 on the parlay. 

PSI representatives notified the Commission about the CLP promotion two days after it occurred. Barstool has yet to offer the “Can’t Miss Parlay” in Massachusetts since. Its attorneys said during the June 7 hearing. It is willing to permanently terminate the offer and do so in writing.

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