Kris Johnson Deputy Editor -- CasinoBeats.com
Kris Johnson is a Charlotte-based deputy editor. He joined CasinoBeats in July 2025 and oversees the daily news flow of editing and publishing. Kris also reports on all aspects of the gambling industry with a...
Read Full BioTalk about a delayed penalty call.
The Massachusetts Gaming Commission (MGC) has fined PENN Sports Interactive $15,000 for a “risk-free” comment made by host Rece Davis during ESPN’s “College GameDay” in March 2024.
Davis made the on-air quip to colleague Katie Dolan before a March Madness game featuring UConn and Northwestern. Dolan touted taking Northwestern’s team total UNDER 60.5 points, setting the stage for Davis’ retort.
“You know what? Some would call this wagering, gambling, I think the way you sold this, I think what it is, is a risk-free investment. That’s the way to look at it,” Davis said.
PENN, which launched ESPN Bet in November 2023, continues in its role as operator of the sportsbook.
Comment Violated State Betting Laws & ESPN Bet’s Guidance Policy
In a seven-page report detailing the MGC’s decision, the regulators deemed that Davis’s use of “risk-free” violated compliance standards required by state law and the “ESPN BET Content Guidance” policy.
Per the report, the MGC prohibits “advertisements, marketing and branding in such a manner that is deceptive, false, misleading, or untrue,
or tends to deceive or create a misleading impression whether directly, or by ambiguity or omission.”
Regulators also noted ESPN Bet’s internal policy “clearly states to avoid using ‘free’ or ‘risk-free’ as this is generally prohibited terminology, as is the term ‘Can’t Lose.’”
MGC Miffed by Lack of Apology, Public Response
Davis later clarified his position on X, but stopped short of apologizing.
The MGC, however, viewed things differently. The commission considered these “violations as serious and was dissatisfied with the overall
response by Mr. Davis and the lack of public response by any other representative of PSI d/b/a ESPNBet. 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 Attorney
[Chris] Soriano.”
Davis also appeared on The Pat McAfee Show and noted that the bet won. He further downplayed the “risk-free” comment and called it a “throwaway line.” He added, “Any reasonable person knew 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. I clarified.”
Regulators also mentioned this in their report, stating: “The commission further points out statements made on the Pat McAfee Show regarding the noncompliance incident, specifically the statement that ultimately ‘the bet won.’ The commission considers these remarks misleading, as they undermine the intent of the prohibition on ‘risk free’ language, which is to discourage the enticement to wager beforehand and therefore the results of the wager would be irrelevant in this circumstance.”
The MGC’s modest $15,000 fine was due in part to the comment being made by an ESPN personality, and not being displayed on the ESPN Bet app.
