Why is the MLBPA suing sports betting sites like DraftKings and Bet365?

The business of sports betting is one that always creates debate regardless of what sport we’re talking about. Needless to say, there is no exception when it comes to baseball. With that, there looks to be a bitter battle on he horizon between MLB and the leading betting houses out there.

MLBPA takes legal action against betting and fantasy companies.

According to reports on Monday, the MLB Players Association filed separate lawsuits in New York and Pennsylvania, alleging that sports betting and fantasy baseball companies DraftKings, FanDuel, Underdog, and Bet365 wrongfully used the names and likenesses of MLB players. More specifically, the lawsuits allege that the companies in question used player names and imaging for prop bets despite having no license to do so.

It is understood that the lawsuits were filed by MLB Players Inc., the arm of the league that is responsible for the union’s business matters. As per the filing, the sites began featuring images of players on their betting platforms in early 2024, despite not being licensed by MLBPI. “Indeed, nearly every active MLB player’s image is displayed on defendants’ websites and mobile apps,” the lawsuit reads. “MLB player names, images, and likenesses are also featured prominently in advertising on both DraftKings Sportsbook and bet365′s social media, including in posts encouraging customers to place bets on the featured player.”

To be clear, the lawsuit argues that the use of the images is unnecessary, given that the platforms do not do the same for NFL players.”Defendants’ use of player images within their sportsbook platforms is not merely informational - it is promotional. Users could bet that the Phillies will beat the Marlins, or that Bryce Harper will hit more than two home runs in a given game, without seeing Harper’s valuable image,” the lawsuit reads. “...And there is no other purpose for using popular MLB player names and images in advertising other than to increase the consumer appeal of the apps and draw users to make bets on the platforms, particularly given that the core information that bettors need in order to make informed decisions about placing sports bets is statistical data.”

Interestingly, The MLBPA also argues that the appearance of player likenesses on these platforms suggests that the league itself has endorsed sports betting in general, or at the least, the platform itself. When one considers the idea that sports betting advertisements are pervasive during game broadcasts, it would be easy to assume that the MLBAPA has authorized the use of player names and likenesses, however, that is not so. To date, there has been no comment from DraftKings and Underdog, while a spokesperson for FanDuel declined to comment. Regarding the details, the lawsuit requests a jury trial while stating that monetary damages could go beyond $150,000. As always, context is key here, which is to say the league has made its stance on such matters clear in recent times. Just last month the MLBPA filed a lawsuit against the Pittsburgh Pirates and Sheetz, a local gas station chain over the wrongful use of player names and likenesses. The lawsuit was later settled out of court.