In the wake of the furor surrounding FanDuel’s use of a message from Bryce Harper, the MLB Players Association (MLBPA) told members of Congress that it is open to banning players from participating in personalized marketing campaigns tied to sports betting VIP programs, and that MLB “balked” at a ban on prop bets.
MLBPA General Counsel Jeffrey Perconte wrote in an Aug. 24 response to a letter sent Aug. 10 by federal legislators that the players association “welcomes dialogue with lawmakers regarding our Sports Betting Policy and potential measures that can be taken to promote the safety and wellbeing of both our members and the public.”
Union: MLB not on board with player prop ban pitch
The players association stated in its letter that the MLBPA proposed a joint lobbying effort with MLB to ban prop bets and functionally similar in-game performance event contracts on prediction markets that are based on in-game performance.
That was one of its planned measures to curb “bets that are associated with significantly higher rates of problem gambling” and “an epidemic of harassment and abuse” directed toward MLB players and their families.
However, the MLBPA said that “MLB has thus far balked,” but that players and the MLBPA intend to continue pushing for a prop bet ban.
MLB and its partner sportsbooks implemented some changes related to ‘micro bets’ late last year amid the fallout from the Cleveland Guardians pitch-rigging scandal, including capping pitch-level markets at $200 per wager.
Union backs player-sportsbook deals, considers VIP promos ban
Laying out responses to questions from three members of Congress, Perconte wrote that the MLBPA believes players should be allowed to sign endorsements and partnerships, noting that the league and its teams have been doing that for years.
The MLBPA confirmed that MLB’s current gambling policy allows players to sign partnerships with gambling brands, as long as the collaborations do not include players encouraging the public to bet. The MLBPA has proposed policy amendments aimed at ensuring that players cannot be penalized for participating in “the types of sports betting promotional agreements that MLB and its clubs have been entering into and benefitting from for years.”
The MLBPA itself also has partnerships with multiple sportsbooks that allow the operators to use players’ image and likeness on their betting platforms. For instance, it struck new licensing deals with Caesars Sportsbook and Hard Rock Bet this past April.
However, the players association acknowledged that its own current policies do not explicitly address the types of “predatory VIP programs” that the legislators described in their Aug. 10 letter.
“The Association stands ready to make proposals in an effort to fill that gap …” Perconte wrote. “We are prepared to support CBA restrictions that ban players from participating in personalized marketing campaigns connected to a VIP or tier program.”
MLB deals with gaming, prediction markets operators
MLB has several official gaming partners, and Perconte wrote that half the league’s 30 teams have deals with sports betting operators. The MLBPA also has partnerships with multiple sportsbooks that allow select operators to use players’ image and likeness on their betting platforms. For instance, it struck new licensing deals with Caesars Sportsbook and Hard Rock Bet this past April.
More recently, both MLB and its teams have begun entering into deals with prediction market platforms. Perconte specifically referenced Polymarket’s partnership with the New York Yankees and Novig’s new deal with the New York Mets; the day after the MLBPA letter was sent, Kalshi announced partnerships with five different MLB teams.
Why did Congress write to MLBPA?
The MLBPA’s letter is a response to requests it received earlier this month from three Democratic members of Congress:
- Sen. Richard Blumenthal (D-CT)
- Rep. Valerie Foushee (D-NC)
- Rep. Paul Tonko (D-NY)
Those legislators asked MLB, the MLBPA and FanDuel about the video of Philadelphia Phillies star Harper that a FanDuel employee sent to a former customer with a reported gambling addiction.
The personalized video, sent in 2024 via Cameo, encouraged ex-FanDuel VIP member Terry Thompson to resume betting after he reportedly bet more than $18.5m and lost more than $1.5m wagering on the platform. His betting habits were detailed in a lawsuit filed against FanDuel and DraftKings by the Public Health Advocacy Institute on behalf of Thompson.
Harper denied knowing that the video would be used as part of FanDuel’s VIP program.
Following the controversy, Blumenthal, Foushee, and Tonko wrote to “demand an end to the MLB and MLBPA policies that enabled this type of predatory promotion”. They also sent numerous questions to MLB, the MLBPA, and FanDuel, including:
- Asking the players’ association to confirm its current position on allowing players to seek endorsements and partnerships from sportsbooks.
- Asking whether MLB and the MLBPA will prohibit players from participating in personalized marketing campaigns by sportsbooks as part of VIP or tier programs
FanDuel already responded to Congressional inquiry
FanDuel responded to the legislators in a separate letter, explaining that it offers tools to allow bettors to limit their own gambling activity and that it reviews customers’ betting history before offering them VIP status.
A FanDuel spokesperson told SBC Americas that “we equip customers with clear, actionable tools to manage their play responsibly and utilize real-time notifications to make customers aware of out-of-the-ordinary deposits.”
“For customers showing signs of harm, we take additional action: our monitoring systems flag concerning patterns, and trained specialists engage directly to deploy protective measures including deposit limits, cooling-off periods, and account exclusions. Customer protection informs every decision we make as an organization.”
