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Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
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August 17, 2026
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam
The Commodity Futures Trading Commission (CFTC) recently issued guidance directed to designated contract markets (DCMs) concerning the marketing and offering of event contracts. The guidance was addressed to DCMs because no swap execution facilities (SEFs) currently list event contracts. However, the CFTC’s analysis is equally applicable to futures commission merchants (FCMs) and introducing brokers (IBs), as well as the advertising affiliates and marketing partners that help solicit customers for these products. The CFTC makes one thing clear: the anti-fraud and anti-manipulation provisions of the Commodity Exchange Act apply to the marketing of event contracts. For affiliates that drive traffic to prediction markets, this guidance is a reminder that compliance is not limited to the operator. Marketing materials matter, and regulators…
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
August 11, 2026
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta
In recent guidance, the Commodity Futures Trading Commission (“CFTC”) has made clear that event contracts offered by regulated prediction-market entities must not be marketed in a format commonly used by casino gambling bookmakers. The CFTC’s Division of Market Oversight and Market Participants Division issued a notice to all CFTC-regulated entities and affiliates regarding their obligations to refrain from engaging in misleading or deceptive practices when…
Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations
August 3, 2026
Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations
By: Ifrah Law
For iGaming companies, protecting customer privacy is paramount: Nicole Kardell acts as their guardian against federal, state and civil actions that could damage their reputations and profitability. Nicole performs on the leading edge of privacy law, helping to keep Ifrah’s clients in compliance with U.S. and international regulations governing the handling of customers’ confidential information. A certified privacy professional with expertise in European privacy law…
Ontario Lottery Survives Legal Challenge by the Mohawk Council of the Kahnawà:ke
May 20, 2024
Ontario Lottery Survives Legal Challenge by the Mohawk Council of the Kahnawà:ke
By: Jeffrey Hamlin
The Ontario Superior Court handed a clean victory to Ontario’s internet gaming (“iGaming”) regulator and Attorney General last Monday, when it declared that Ontario’s regime for online gaming comports with Canada’s Constitution and Criminal Code. The much-anticipated decision disposed of a lawsuit that the Mohawk Council of Kahnawà:ke (the “Council”) filed in November 2022, alleging that (i) Canadian law prohibits lottery schemes (to include sports…
Sports Betting Advertisement Numbers Actually Decreasing
May 2, 2024
Sports Betting Advertisement Numbers Actually Decreasing
By: Jordan Briggs
Legal online sportsbetting, is still relatively new in America.[1] Over the last six years, as more states have legalized online sportsbetting, Americans have noticed more and more ads, leaving some feeling inundated with these ads.[2] But have Americans really seen more online sportsbetting ads, or have they only noticed more ads? Today, the American Gaming Association (“AGA”) published a summary of its research finding that…
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…
CFPB Banking in Video Games and Virtual Worlds
April 25, 2024
CFPB Banking in Video Games and Virtual Worlds
By: Jordan Briggs
Converting your dollar to donuts,[1] or whatever in-game currency you choose, has never been easier. As microtransactions online become easier to execute and more prevalent, the in-game economies start to resemble traditional banking—minus the standard banking protections. This issue is not lost on the Consumer Financial Protection Bureau (CFPB). Earlier this month, the CFPB released an Issue Spotlight on “Banking in video games and virtual…
Ohtani-Mizuhara Scandal: A Case for Regulated Sports Betting, Not Against It
April 11, 2024
Ohtani-Mizuhara Scandal: A Case for Regulated Sports Betting, Not Against It
By: Jake Gray
Shohei Ohtani finds himself at the center of a sports betting scandal and regulated sports betting naysayers have taken the opportunity to toot their own horns. The opening line of this LA Times article, by Pulitzer Prize-winning journalist Michael Hiltzik, states: “Question for Major League Baseball: How do you like your sports betting partnerships now?” His implication is that the MLB’s embrace of sports betting…
