The Massachusetts Gaming Commission (MGC) has fined PENN Sports Interactive $15,000 for ESPN host Rece Davis’ comments made during a gambling segment on “College GameDay” in 2024.
Davis referred to a betting pick shared by analyst Erin Dolan as so intelligent, it wasn’t gambling, but rather it was a “risk-free investment.”
Key Takeaways
- The comment was made regarding the under in a March Madness matchup.
- Davis said the next day he was not going to apologize for his comment.
- The regulator said it did not appreciate Davis’ or PENN’s response.
An adjudicatory hearing for PENN in April saw the Investigation and Enforcement Bureau (IEB) declare Davis’ comments a violation of Massachusetts sports betting laws and ESPN BET’s guidance policy, which bans terms such as “free,” “risk-free,” and “can’t lose.”
“Mr. Davis used the prohibited language ‘risk free investment’ after he referred to a sports wager,” the MGC wrote in its decision Wednesday. “As a result of the aforementioned regulatory violations, the Commission hereby fines PSI d/b/a ESPNBet $15,000.”
The quip was made on March 24, 2024, just over half of a year after ESPN partnered with PENN Entertainment to launch ESPN BET.
Davis and Dolan were discussing an upcoming March Madness matchup between UConn and Northwestern. Dolan, who was said to have given out winning picks the day before, suggested Northwestern under 60.5 total team points, which ended up cashing.
I can picture the Massachusetts Gaming Commission meeting already https://t.co/bUKtugSnRu
— Geoff Zochodne (@GeoffZochodne) March 24, 2024
Davis clarified later that day on X that his comments were made jokingly, not seriously.
During a segment this morning on @CollegeGameDay,due to @ESPNBet picks hitting yesterday, I joked the advice was more like “risk free investing.” As we all know, such a thing does not exist. Obviously, there are risks. Though I’m not a gambler, I strongly encourage those who do
— Rece Davis (@ReceDavis) March 24, 2024
“Though I’m not a gambler, I strongly encourage those who do partake, do so with prudence, care, caution, fiscal and personal responsibility and never over-extend. Sports are unpredictable,” Davis added. “Wagering is tricky. So let’s agree to manage monetary risks appropriately. I’m sure most recognized my comment was tongue-in-cheek. Just to clarify.”
Davis refused to apologize
One day after the incident occurred, Davis appeared on “The Pat McAfee Show” on ESPN to clarify that he did not apologize for his usage of the term “risk-free.”
“I don’t think anybody thought we were really handing out free money, but maybe it’s a better course of action in the future to go with the old David Letterman and say this is an exhibition, not a competition, so please no wagering,” Davis said.
The MGC justified the $15,000, which is below others it has doled out to other operators, based on the circumstances of the infraction.
The commission said that Davis was only an ESPN on-air employee, and the risk-free messaging was not used in the app. It also noted that Davis made the comments on his own volition, and PENN Sports self-reported the incident.
However, it also noted that it did not feel the incident received the appropriate response from Davis or from PENN Sports.
“There was no meaningful follow-up beyond internal discussions about the incident and Mr. Davis’ public remarks were made of his own volition, as characterized by [Penn Sports] Attorney [Chris] Soriano,” the MGC wrote. “The Commission is particularly concerned by the lack of a prompt, clear public correction and expects that any future incidents will be met with a definitive public statement affirming that ‘risk-free’ language is prohibited under both regulatory and internal content standards.”
Noticing a trend
While Davis has not committed any infractions since the incident in 2024, that was not the first time he’d described betting as “risk-free.”
While commenting on an X (Twitter) post that stated a college football player at the University of Iowa illegally bet the under on his own game, Davis said that it was “less gambling and more risk-free investing.”
ESPN BET is live in 19 states and Washington D.C. It launched in Massachusetts on Nov. 14, 2023, as part of a simultaneous launch in multiple states.
