Massachusetts advances BetMGM hearing over alleged underage marketing emails

Massachusetts gambling regulators are sending a marketing case involving BetMGM straight to a formal hearing after learning that tens of thousands of promotional emails went out to people whose ages could not be verified, including minors and individuals on exclusion lists.

The issue came up during the commission’s livestreamed meeting on Thursday (February 12). Senior Enforcement Counsel Zach Mercer laid out what investigators believe happened, pointing to several state regulations that bar operators from advertising to certain groups.

“This alleged non-compliance incident involves category 3 sports wagering licensee BetMGM,” Mercer said. “These prohibit marketing to certain populations.”

According to Mercer, the emails were tied to promotions connected with the MLB Ballpark app and were sent to people attending Boston Red Sox games. The campaign covered eight games played between April 10, 2024, and July 25, 2025.

How the BetMGM emails were allegedly sent to minors

Over that stretch, the volume was significant. “In that time period, a total of 96,167 emails were sent,” Mercer said.

BetMGM later determined that 383 of those recipients were under 21 as of September 4, 2025. Another 19 were on the voluntary self-exclusion list, and 25 were in a cool-off period with the company when the messages were delivered.

This is sizable both in terms of scope, size, and the percentage of those emails where they cannot affirmatively say we’re over 21 is really disturbing.

Commissioner Eileen O’Brien, Massachusetts Gaming Commission

On top of that, the company told regulators it could not verify the dates of birth for 37,632 people who received the emails.

“They reported that the reason for the incident involved an individual employee failing to abide by BetMGM’s internal protocols regarding promotions,” Mercer said.

Mercer asked commissioners how they wanted to proceed. Options included sending the case to a formal adjudicatory hearing, directing further investigation by the Investigations and Enforcement Bureau, or pursuing a civil administrative penalty under state law.

Commissioners made it clear they wanted the matter in front of them.

“I would like this to be an adjudicator hearing before us,” Commissioner Eileen O’Brien said. “This is sizable both in terms of scope, size, and the percentage of those emails where they cannot affirmatively say we’re over 21 is really disturbing.”

She also pointed to the involvement of people on exclusion and cool-off lists, adding, “This could end up with substantial information in terms of what have they done, how have they done it, is there more information about the age or identifying information of these people that got the emails.”

Commissioner Nakisha Skinner called the situation “particularly egregious.”

“The non-compliance matter involves at least a violation, alleged violation, of at least one statute,” Skinner said. “And where the affected population includes three distinct vulnerable categories.”

“I am 100% in support of this coming before the commission in an adjudicator proceeding,” she said.

Commissioner Paul Brodeur tied the decision to the agency’s general mission. “One of the things we pride ourselves on is creating a safe, regulated marketplace,” Brodeur said. “That is what differentiates regulated operators from others that are in this space or adjacent to this space.”

Commissioner Bradford R. Hill drew attention the commission’s stance on underage gambling. “Our goal is zero folks under 21 accessing a sports book in Massachusetts,” Hill said. “And we take this very seriously. And if something like this pops up, we’re going to take action.”

Given the scope, Hill added that “we should directly tackle this issue ourselves and use IEB as a resource to do so.”

The scrutiny in Massachusetts comes as BetMGM has faced regulatory attention elsewhere. The company recently partnered with blocking software provider BetBlocker to promote safer gambling tools, after it was warned by the Dutch Gaming Authority over an advertisement featuring soccer star Lamine Yamal that regulators said could appeal to minors.

After brief closing remarks from Mercer, commissioners confirmed the case will move forward to an adjudicatory hearing, with the enforcement bureau participating as needed.

ReadWrite has reached out to BetMGM for comment.

Featured image: BetMGM

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