Barstool’s “Can’t Lose Parlay” Indefinitely Discontinued After Regulation Concerns

• A promoted Barstool Sportsbook parlay has been indefinitely discontinued after Massachusetts regulators expressed concern
• Investigations and Enforcement Bureau noted “Can’t Lose Parlay” promo may run afoul of state’s regulatory language
• The Massachusetts Gaming Commission will hold an adjudicatory hearing on the matter

There will be no Barstool Sportsbook “Can’t Lose Parlays” in the commonwealth, or any other state, for the time being as Massachusetts sports betting apps regulators have called for an adjudicatory hearing to discuss the promotion’s terminology.

The Massachusetts Gaming Commission voted to hold an adjudicatory hearing for Barstool’s “Can’t Lose Parlay” to determine if the promotion’s language violates the state’s sports betting and marketing regulations.

“The area of concern right now is whether the ‘Can’t Lose’ aspect of the promotion runs afoul of statutory and regulatory language,” Investigations and Enforcement Bureau Executive Director Loretta Lillios said.

Currently, no “Can’t Lose” parlays are being promoted by PENN or Barstool in any jurisdictions, she said.

Does ‘Can’t Lose’ Language Deceive Consumers?

The promotion was brought to the MGC’s attention by several sources, Lillios said, including PENN Entertainment’s Chief Compliance Officer Chris Soriano. Soriano and PENN voluntarily brought it to the attention of the IEB to discuss if it violated any state regulations.

Through the IEB’s investigation, Lillios said the promo may violate regulations “which prohibits not only unfair or deceptive branding, marketing, advertising, but also those that would reasonably expected to confuse or mislead patrons in order to induce them to engage in sports wagering.”

She also said the promo may violate a state regulation that prohibits “anything that would imply or promote that sports betting is free of risk in general, or in connection with a particular promotion or sports wagering offer.”

Adjudicatory Hearing Necessary

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

• Hold an adjudicatory hearing on the promo
• Ask the IEB to investigate further and give their own recommendation on a course of action, which the MGC could approve or deny
• Issue an intent to issue a civil administration penalty to PENN Entertainment. PENN could then request a hearing on its behalf.

The commissioners agreed the most consistent course of action would be to opt for an adjudicatory hearing. The MGC has already held two adjudicatory hearings for potential violations from sports betting operators.

No date was issued for the hearing.

Barstool Sportsbook’s promotion is not the only piece of advertising currently under the MGC’s microscope. Earlier in the week, Commissioner Eileen O’Brien asked the IEB to investigate three FanDuel advertisements that contained references to either iGaming, free bets, or being able to fund accounts with credit cards or prepaid cards, all of which are against regulations.

The violations were not self-reported by FanDuel, she said.