Rece Davis’ Foot in Mouth Sees PENN Sports Interactive Fined $15K

• MGC fines PENN $15K for ESPN “risk-free” remark
• Davis’ betting joke violates Massachusetts advertising regulations
• PENN held accountable for ESPN BET broadcast language

ESPN anchor Rece Davis has landed PENN Sports Interactive (PSI) in trouble with gambling regulators in Massachusetts because of problematic remarks he made during a segment on the network’s long-running “College GameDay.”

The Massachusetts Gaming Commission (MGC) fined PSI, which operates the ESPN Bet sportsbook, $15K for violating the state’s rules against misleading advertising. That’s after the veteran sports broadcaster referred to a gambling tip as “a risk-free investment” live on air.

Dim View

Davis was referring to betting advice imparted on March 24, 2024, by ESPN sports betting analyst Erin Dolan, who suggested that viewers should take the under on 60.5 total team points for Northwestern University versus UConn in March Madness.

Some would call this wagering, gambling,” marveled Davis. “I think the way you sold this … it is a risk-free investment.”

The bet came through, but that wasn’t the point, according to the MGC, which took a dim view of Davis’ choice of language.

The MGC determined that the phrase breached Massachusetts’ sports wagering regulations that forbid marketing language implying bets are free of risk or guaranteed to succeed. It also violated internal ESPN BET Content Guidance that prohibits the use of terms like “can’t lose” or “risk-free.”

Davis later took to Twitter to say the comment had been “tongue in cheek.”

“Sports are unpredictable,” he added. “Wagering is tricky. So let’s agree to manage monetary risks appropriately.”

Digging a Hole

He appeared to make things worse when he appeared on “The Pat McAfee Show” to clarify that he didn’t apologize for using the phrase.

“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.

In its ruling, the MGC noted that although the problematic language came from a broadcast and wasn’t used directly in the ESPN BET app, PENN is responsible under state law for all marketing and promotional content connected to its sportsbook, regardless of who makes it.

The commission’s order emphasized that the violation was serious, particularly because the use of “risk-free” claims can mislead consumers about the nature of wagering. It also expressed dissatisfaction that PENN’s public response lacked urgency or clarity.