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CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
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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 advertising, listing, or transacting event contracts. The notice highlights the CFTC’s growing concerns about the promotion of event contracts using the “American odds” format associated with sports betting and casino operators rather than nominal or percentage terms that reflect market pricing. The notice stresses that this practice could create confusion about the nature of the…
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…
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
July 29, 2026
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
By: Lauren Scribner
“As every parent knows, when you tell a kid not to do something, they almost always end up trying to do it,” said Congresswoman Kristen MacDonald Rivet (MI-8) about the recently introduced bipartisan “Facial Recognition to Protect Children Act” (“proposed Act”).[1] She continued, “[k]ids under the age of 18 shouldn’t be making bets, but now it’s just a few taps away on their phones. Our…
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…
Pennsylvania’s Aggressive and Conflicting Approach to Skill Gaming and Versus the House Fantasy Sports Operators
April 5, 2024
Pennsylvania’s Aggressive and Conflicting Approach to Skill Gaming and Versus the House Fantasy Sports Operators
By: Steven Eichorn
The early part of 2024 has proven to be unexpectedly eventful in Pennsylvania in regards to sports betting, fantasy contests, and skill games. There is always an interesting dynamic- and sometimes tension- in regards to the different regulatory regimes and which one applies to a specific platform. For example, who takes ownership over a game that offers NFL themed lottery tickets? What regulation applies to…
