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Three members of Congress sent a letter on Monday to Major League Baseball and the players union requesting that they tighten policies so an incident last month involving Bryce Harper, FanDuel and an admitted gambling addict cannot reoccur.
Harper, an All-Star with the Philadelphia Phillies, said on Instagram that he created a troublesome, personalized 21-second video on behalf of FanDuel. But he would not have done so had he known the online sportsbook allegedly intended to use it to entice VIP customer Terry Thompson to continue gambling.
The incident triggered the three-page letter signed by Senator Richard Blumenthal, Congressman Paul Tonko and Congresswoman Valerie Foushee that demands an end to the policies that enabled “this type of predatory promotion.”
The letter states that although Harper said he was unaware of the true purpose of the video, the incident “raises broader concerns that players are not prohibited from such endorsements and highlights a systemic failure rooted in the deep enmeshment between leagues, teams, and sports books.
“In fact, MLB rules currently allow players to enter endorsement deals with sportsbooks so long as they do not encourage betting on baseball. Partnerships that do not violate this rule can even use personalized content from players to drive vulnerable fans into debt and addiction.”
Legal experts say Bryce Harper might have grounds to sue FanDuel for false endorsement and invasion of privacy after the sportsbook sent the player’s video to a customer.
The letter suggests that MLB and the players union must confront this “failure” during collective bargaining negotiations that began in May and likely will continue through the expiration of the current agreement Dec. 1.
The letter posed the following five questions and requested that MLB and the players union provide answers by Aug. 24.
1. As MLB and MLBPA renegotiate their collective bargaining agreement, what is your current position on allowing MLB players to seek endorsements and partnerships from sportsbooks? Note: The MLBPA has publicly announced their intention to seek greater freedom for players to have relationships with gambling companies.
2. How will MLB and the MLBPA guarantee that fan safety and well-being take precedence over revenue from gambling partnerships?
3. Do you believe MLB and MLBPA policies on sportsbook endorsements and partnerships are adequate to prevent engagement with predatory VIP programs?
4. Will the MLB and MLBPA undertake any player education to ensure that players understand the risks their participation in sportsbook promotions poses to fans?
5. Will the MLB and MLBPA prohibit players from participating in personalized marketing campaigns by sportsbooks as part of VIP or tier programs?