Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts
Section 34.07 - Requirements for Fair and Truthful Advertising

Universal Citation: 940 MA Code of Regs 940.34

Current through Register 1531, September 27, 2024

(1) Compliance with Existing Advertising Regulations. DFSOs shall comply with the following regulations promulgated by the AGO to the extent they concern advertising and apply to the DFS business model: 940 CMR 3.00: General and 6.00: Retail Advertising.

(2) No Depiction of Minors. DFSO advertisements shall not depict:

(a) Minors (other than professional athletes who may be Minors);

(b) students;

(c) schools or colleges; or

(d) school or college settings, provided, however, that incidental depiction of non-featured Minors (e.g., as a face in a crowd) will not be a violation of 940 CMR 34.07(2).

(3) No Endorsement by Minors, College Athletes, Colleges, or College Athletic Associations. DFSO advertisements shall not state or imply endorsement by:

(a) Minors (other than professional athletes who may be Minors);

(b) collegiate athletes;

(c) colleges; or

(d) college athletic associations.

(4) Advertisements to Include Information to Promote Responsible Gaming. DFSO advertisements in published media (e.g., print, television, radio, Internet and smartphone applications) shall include information concerning assistance available to problem gamblers or shall direct consumers to a reputable source for such information. If an advertisement is not of sufficient size or duration to reasonably permit inclusion of such information, that advertisement shall refer to a website or application that does prominently include such information.

(5) Limitation on Representations about Winnings. Any representation concerning winnings shall be accurate, not misleading, and capable of substantiation at the time the representation is made. Under 940 CMR 34.00, a DFSO advertisement is misleading if it makes representations about average winnings without equally prominently representing the average net winnings of all players.

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