The MLB Players Association (MLBPA) has communicated to Congress its willingness to consider banning player participation in personalized marketing campaigns linked to sports betting VIP programs. This announcement follows concerns arising from a controversial incident involving FanDuel and Philadelphia Phillies outfielder Bryce Harper. The MLBPA stated that Major League Baseball (MLB) has "balked" at a proposed ban on prop bets, as indicated in a letter penned by MLBA General Counsel Jeffrey Perconte on August 24, which addressed a letter from Congress sent earlier on August 10.
In the response, Perconte expressed that the players' association welcomes discussions with lawmakers regarding its Sports Betting Policy and potential measures aimed at safeguarding players and the public. One of the proposed actions includes a collaborative effort with MLB to eliminate prop bets and similar in-game contracts within prediction markets centered on players' performances. The MLBPA highlighted these moves as necessary steps to mitigate the high rates of problem gambling and the harassment faced by players and their families.
Despite the player's attempts, the MLBPA acknowledged that MLB has yet to support this proposal. Perconte noted, "While MLB has thus far rejected this proposal, we intend to continue pursuing it."
Last year, amid scrutiny from the fallout of the Cleveland Guardians pitch-rigging scandal, MLB and its affiliated sportsbooks made adjustments to betting protocols. This included capping pitch-level markets to a maximum wager of $200.
Responding to inquiries from three Congress members—Sen. Richard Blumenthal (D-CT), Rep. Valerie Foushee (D-NC), and Rep. Paul Tonko (D-NY)—Perconte asserted that players should have the right to endorse and partner with gambling brands. As it stands, MLB’s current gambling policy permits such endorsements, provided that players do not advocate for sports betting. The MLBPA is pressing for amendments to ensure players cannot be penalized for engaging in marketing agreements that MLB and its clubs have long benefited from.
Additionally, the MLBPA has its own partnerships with several sportsbooks, enabling these operators to utilize players' images on their platforms. In April, the union secured new licensing agreements with Caesars Sportsbook and Hard Rock Bet.
However, the MLBPA admits its policies do not currently cover the "predatory VIP programs" mentioned in the congressional letter. Perconte expressed the association’s readiness to propose new regulations to address this issue, stating, "We are prepared to support CBA restrictions that ban players from participating in personalized marketing campaigns connected to a VIP or tier program."
The MLB has developed partnerships with various gaming and prediction market operators. Perconte noted that half of the league's 30 teams have agreements with sportsbook operators. He cited Polymarket’s collaboration with the New York Yankees and Novig's partnership with the New York Mets, highlighting these as examples of MLB’s growing ties with betting entities. Recently, Kalshi entered into agreements with five different MLB teams just a day after the MLBPA's letter was sent.
The impetus for Congress's inquiry stems from the fallout of a video featuring Harper that a FanDuel employee sent to a former customer suffering from gambling addiction. The video, created through Cameo, encouraged this individual, Terry Thompson, to resume betting after Thompson reportedly lost over $1.5 million following his bets exceeding $18.5 million on the platform. Thompson's experiences were outlined in a lawsuit against FanDuel and DraftKings by the Public Health Advocacy Institute on his behalf. Harper has denied any prior knowledge of the video’s intended use within FanDuel's VIP program.
In response to this controversy, the congressional trio demanded an end to MLB and MLBPA policies that enabled such "predatory promotions." They sought clarification on whether the MLBPA would restrict personalized marketing initiatives tied to VIP programs.
