FanDuel Bryce Harper video to bettor reveals need for regulators to restrict reward programs

Life is full of posted notices that should never have been necessary, but a desire for legal cover or the actions of a few individuals have unfortunately made them necessary. Examples include warnings on using electric devices while bathing and signs instructing people to keep their distance from wild animals.

Another one of these situations has arisen within the scope of online sports wagering. On Thursday, David Gambacorta of the Philadelphia Inquirer reported that a bettor who allegedly lost more than a million dollars using licensed sportsbooks like FanDuel received a personalized video message from Philadelphia Phillies outfielder Bryce Harper. Gambacorta states that the party responsible for arranging the message was a FanDuel employee who worked as a VIP manager.

(Photo by Rich Graessle/Icon Sportswire via Getty Images)

The number of ethical and logical red flags that concept raises should have deterred the FanDuel employee from actually following through with the idea, even if the employee was truly unaware that the bettor in question suffers from disordered gaming. Failing that, FanDuel’s systems should have intervened to prevent the video from being shared with the customer.

At the same time, the conduct of the FanDuel employee violated no existing Pennsylvania gambling laws or regulations. That’s likely because lawmakers and regulators thought it wasn’t necessary to put in writing that sportsbook employees shouldn’t interject themselves into the lives of bettors in such a personal way or that professional athletes that may be special to bettors shouldn’t be used as a point of engagement.

Apparently, that isn’t the case. Regulators in Pennsylvania and in every other U.S. state with legal sports wagering must act to reign in sportsbooks’ use of loyalty programs, as this situation shows that sportsbook operators need to be told the obvious.

Lawsuit details FanDuel’s use of VIP program to engage bettor

The video that Gambacorta reported on is part of the evidence in a civil lawsuit against DraftKings and FanDuel concerning the use of rewards to keep bettors engaged with the product. The Public Health Advocacy Institute filed the suit in a state court in Philadelphia in March on the behalf of the video recipient and another bettor.

When the FanDuel employee, whom court records identify as Bryttanni Morgan, sent the video from Harper to the bettor, the lawsuit claims that the bettor was already suffering the consequences of disordered gaming. The complaint states that the bettor in total wagered over $18.5 million with FanDuel and lost more than $1.5 million.

In the video, Harper states that Morgan arranged the message and wished the bettor a happy Thanksgiving, as it was November 2024. Harper does not mention betting in any way during the 21-second recording.

The video from Harper was part of a series of perks afforded to the bettor because of their wagering activity. Other benefits included event tickets and comped travel according to the lawsuit.

The complaint also alleges that Morgan inquired about the bettor’s life outside of sports betting, learning about their family, restaurant preferences, and travel plans. Morgan, who is one of the defendants in the lawsuit, also allegedly encouraged the bettor to continue wagering amid signs that the bettor lacked the financial resources to easily cover the losses.

Gambacorta’s efforts to reach out to relevant parties in the story like Harper’s agent Scott Boras and FanDuel have so far gone unanswered. The same goes for the Phillies, MLB, and the MLB Players Association.

Both FanDuel and Morgan could end up being held liable for the bettors’ losses in this lawsuit. However, the complaint points to larger issues at FanDuel.

Employee gone rogue, flawed protocols, or both?

It’s possible that FanDuel may have clear policies and provide adequate training for VIP managers that should have prevented this situation. Morgan may have grossly violated those policies with this conduct.

It’s also possible that this type of engagement with VIP bettors is standard for managers at FanDuel. The reality could be a mixture of the two issues, with FanDuel providing vague guidance and Morgan pushing the boundaries of what’s acceptable under that guidance.

To some extent, FanDuel itself may be part of the “we didn’t think that we had to say not to do that” factor in this situation. Until FanDuel provides more insight, only employees of the company can answer those questions.

Detailed insights into FanDuel’s internal processes are unlikely to be part of the company’s public response to these developments, though. That’s because in this context, even clear policies and comprehensive training at FanDuel that should have prevented this situation are not good enough.

“Should have” doesn’t undo the financial and personal damage that the bettor has suffered. “Should have” doesn’t foster faith that internal controls at FanDuel are sufficient to govern the conduct of its employees.

A theoretical part of the benefits of using a regulated sportsbook for bettors is that the book is supposed to have a higher standard for marketing and responsible gambling than unregulated channels. Government bodies create those standards.

Pennsylvania regulations provide no clear standards for this situation

A review of the Pennsylvania Gaming Control Board’s (PGCB) regulations for sports wagering in the commonwealth reveals no explicit rule that FanDuel, Harper, or Morgan clearly violated in this situation with the current level of public knowledge. Regarding “compulsive and problem gambling,” there are requirements for licensees to commit to train appropriate employees and provide a plan that includes “procedures to identify patrons and employees with suspected or known compulsive and problem gambling behavior.”

There is also a rule that states that “employees shall report suspected or identified compulsive or problem gamblers to a designated key employee or other supervisory employee.” There are rules governing player loyalty programs, but these regulations address the retention of records and standards for transparency with members.

The PGCB does not have the staff to review every interaction between bettors and sportsbook employees for compliance with the regulations and human decency, but the rules put that onus on FanDuel, anyway. FanDuel’s violation of that trust reveals a need for greater emphasis on proper usage of loyalty rewards.

Time for the PGCB and other regulatory bodies to act

One of the biggest criticisms of many common interventions for disordered gaming is that they rely on the person suffering from the gambling disorder to act on their own behalf, which is difficult for a person in the depths of addictive behavior to do. The theory is that the casino’s or sportsbook’s responsible gambling plan is supposed to step into the gap, similar to a bartender cutting off a person who is showing undeniable signs of intoxication.

To identify potential problems, systems like FanDuel’s may heavily rely on looking for irregularities in player behavior, like a sudden surge in the numbers or value of the wagers placed. When a person who is experiencing disordered gaming does not act out of character in their risky activity, though, they may not trigger those warnings.

Moreover, when an employee of the sportsbook is sending the bettor perks and using their love of a particular athlete as a point of engagement, that can make it more difficult for people suffering from disordered gaming to take the actions they need to receive the necessary treatment. Receiving such benefits may skew their perception of the damage the gaming disorder is doing.

Gaming Regulators Need To Step In

For these reasons, it’s time for gaming regulators across the U.S. to limit how loyalty programs operate, including interactions between program managers and the types of benefits that can be imparted. There is simply no legitimately necessary reason for sportsbook employees to form relationships with gamblers or give people benefits that act as enticements to continue wagering.

Crafting such regulations may prove tricky, as the exact wording of the rules will have to be carefully chosen to be effective. It may be easier to simply ban sportsbooks from offering rewards over a certain dollar value, using celebrities as part of loyalty programs, and collecting information about players to personalize perks.

Sportsbooks like FanDuel may push back on such regulations, arguing that it limits their ability to compete with unregulated channels that may offer more personalized and valuable benefits. However, FanDuel has nowhere to look but in the mirror in that regard.

Absent such restrictions, the difference between using a regulated and unregulated sportsbook becomes diminished. While it’s unfortunate that regulators have to intervene at this level, that time has nonetheless come. As Harper did 501 times in the 2025 season, regulators need to step up to the plate.

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