Barstool’s “Can’t Lose Parlay” has been canceled due to regulatory concerns

Barstool Sports Founder David Portnoy walks towards the Pagoda prior to the start of Carb Day practice on Friday, May 28, 2021 at Indianapolis Motor Speedway. Lawrence St sign

• An advertised Barstool sports betting game has been shut down indefinitely after Massachusetts regulators raised concerns
• The Investigations and Enforcement Bureau found that the “Can’t Lose Parlay” promo may violate the state’s regulatory language
• The Massachusetts Gaming Commission will hold a court hearing on the matter

For the time being, there will be no Barstool Sportsbook “Can’t Lose Parlays” in the Commonwealth or any other state, as sports betting app regulators in Massachusetts have requested a court hearing to discuss the terminology of the action.

The Massachusetts Gambling Commission voted to hold a court hearing for Barstool’s “Can’t Lose Parlay” to determine whether the language of the promotion violated state sports betting and marketing regulations.

“The current issue is whether the ‘can’t lose’ aspect of the promotion violates legal and regulatory language,” said the executive director of the Investigations and Enforcement Bureau Loretta Lilios called.

“Can’t Lose” parlays are not currently being promoted by PENN or Barstool in any jurisdiction, she said.

Is Can’t Lose Language Misleading Consumers?

The promotion was brought to MGC’s attention by multiple sources, said Lillios, including PENN Entertainment’s chief compliance officer Chris Soriano. Soriano and PENN voluntarily brought this to the attention of the IEB to discuss whether it violated government regulations.

Through the IEB’s investigation, Lillios said the promotion may violate regulations “which prohibit not only unfair or misleading branding, marketing and advertising, but also those which could reasonably be expected to confuse or mislead customers to view them.” to get involved in sports betting”.

She also said the promotion may violate a state regulation that “prohibits anything that would imply or encourage that sports betting in general, or in connection with any particular promotion or sportsbook, is risk-free.”

Crucial hearing required

MGC Legal Counsel Todd Grossman said the commission had three possible courses of action:

• Hold a court hearing on the promo
• Ask the IEB to investigate further and make their own recommendation for a course of action, which the MGC could approve or disapprove
• Declare an intention to seek a civil penalty from PENN Entertainment. PENN could then request a hearing on its behalf.

The commissioners agreed that the most consistent course of action would be to opt for a court hearing. The MGC has already held two court hearings into possible violations by sports betting providers.

No date was announced for the hearing.

The Barstool Sportsbook promotion isn’t the only promotional activity currently under the MGC’s scrutiny. Earlier this week, Commissioner Eileen O’Brien asked the IEB to investigate three FanDuel ads that contained references to iGaming, free bets, or the ability to fund accounts with credit cards or prepaid cards, all of which violate regulations.

The violations were not reported by FanDuel itself, she said.

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