Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

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…

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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…

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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…

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Massachusetts Lessens Licensing Burden on Marketing Affiliates… For Now

December 1, 2022

Massachusetts Lessens Licensing Burden on Marketing Affiliates… For Now

By: Sara Dalsheim

On December 1, 2022, the Massachusetts Gaming Commission (“MGC”) held an Open Meeting to discuss a number of items ahead of the upcoming launch of retail sports wagering and later launch of online sports wagering. Of particular note was a topic brought up by the Director of the Investigations and Enforcement Bureau, Loretta Lillios, requesting that the MGC, at least temporarily, lessen the licensing requirements…

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Four States Coordinate Against Metaverse Casino’s NFT Sales

October 25, 2022

Four States Coordinate Against Metaverse Casino’s NFT Sales

By: Jake Gray

On Thursday, October 20th, state securities regulators from Alabama, Kentucky, New Jersey, and Texas filed coordinated enforcement actions to stop sales of non-fungible tokens (“NFTs”) by an organization in the country of Georgia. The actions accuse Slotie NFT (“Slotie”) of “illegally and fraudulently selling NFTs to raise capital relating to gaming in online and metaverse casinos” in like manner to the offer and sale of…

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Maryland’s Diversity Plan Requirement for Sports Betting Licensees

September 2, 2022

Maryland’s Diversity Plan Requirement for Sports Betting Licensees

By: Sara Dalsheim

The road to the launch of legalized sports betting in Maryland has been long and winding. From the start Maryland has been keen on developing requirements for diversity inclusion in its sports betting operations. Today, the State looks to finalize a positive step in that direction by holding a vote to approve a new “Diversity Plan Requirement”. Put simply, the Plan instructs sports betting licensees…

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States Rush to Protect Consumers From Cyber Threats as Gaming Legislation Moves Across All States

August 25, 2022

States Rush to Protect Consumers From Cyber Threats as Gaming Legislation Moves Across All States

By: Jake Gray

In the four years since the Supreme Court struck down the federal ban on sports betting, more than 36 states and the District of Columbia have launched legal sports betting markets, with more than half of legalized states offering online and mobile options. [1] In most markets that offer online and mobile sports betting, the offerings are responsible for more than 70% of the total…

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Next Steps Toward Legalized Online and Retail Sports Betting in Massachusetts

August 1, 2022

Next Steps Toward Legalized Online and Retail Sports Betting in Massachusetts

By: Sara Dalsheim

The road to legalized sports betting in Massachusetts has been slow and lengthy, the lawmakers have spent five sessions on the question of sports betting legalization.  Today, the Massachusetts state House and Senate reached an agreement on a bill that would legalize online and retail sports betting on professional and some collegiate contests (H 5164).  Sports betting on Massachusetts colleges and universities will only be…

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Articles and Presentations by Our Firm Attorneys

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 
By: Ifrah Law

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