The Massachusetts Gaming Commission (MGC) has fined Penn Sports Interactive, operator of the ESPN Bet sportsbook, $15,000 for violating sports gambling advertising rules.
An ESPN on-air personality described sports betting as “risk-free investing” during College GameDay in March 2024. The dangerous comments came during Problem Gambling Awareness Month.
The MGC issued its decision on Oct. 8, 2025. The fine came just one day after gambling regulators in Ontario issued a six-figure fine against theScore, a Penn Entertainment subsidiary, for allegedly failing to protect problem gamblers.
What Happened
During a segment on gambling picks, ESPN’s Rece Davis said to gambling “analyst” Erin Dolan: “You know what? Some would call this wagering, gambling; I think the way you’ve sold this, I think what it is, is risk-free investment, that’s the way to look at it.”
MGC found the phrase violated rules related to deceptive gambling advertising.
Regulators noted that Penn, which acquired a license to use the ESPN brand for its gambling product, is responsible for marketing done on its behalf.
In response to Davis, Dolan seemed to be OK with his financial assessment. The brief exchange caused an uproar on social media.
Rece’s Excuse for ESPN Gambling Comment
Rece said on X following the scandal:
“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 partake, do so with prudence, care, caution, fiscal and personal responsibility and never over-extend. Sports are unpredictable. 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.”
In Gambling Harm’s view, it’s irrelevant if most viewers were able to see through his comment. Problem gambling is a serious public health issue, as it carries high rates of suicide.
Later, on “The Pat McAfee Show,” Rece backtracked and said he wasn’t sorry.
“It was just a small statement, it was a throwaway line, any reasonable person knew that I was being facetious, because there’s nothing in life that comes without risk, especially gambling, that’s obvious for anyone who knows anything. But I didn’t apologize.”
Rece deployed the fallacy that goes something like this: Because life is unpredictable, online sports gambling is a microcosm of life, and everyone should inherently know this.
In reality, belief in gambling myths appears to be growing.
To be fair to Davis, Robinhood, which offers sports betting, has also used the “investing” euphemism. Robinhood is not subject to MGC oversight and can market its product this way without risk of penalty.
Why ESPN Bet Fine Matters
The MGC has tried to hold Penn accountable for multiple instances of alleged deceptive advertising. The fines have been small, but they are meaningful public rebukes.
The Oct. 8 decision noted that Penn previously faced discipline in 2024 for “Can’t Lose” language used during its prior Barstool Sports partnership. MGC found a violation and imposed a $25,000 fine in that case.
Massachusetts is attempting to hold operators accountable for what it sees as reckless and potentially dangerous marketing.
The regulatory action came as public support for sports betting has dropped dramatically.
In Gambling Harm’s view, one thing was peculiar about the MGC’s action against Penn for the Davis comment. The MGC responded favorably to Penn having “self-reported the incident through legal counsel.”
Obviously, the MGC has limited resources to police advertising from online gambling operators. However, many media outlets reported on the Davis comment. In Gambling Harm’s view, Penn should not get any form of kudos for self-reporting here.
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