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As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.
The web of lawsuits and court rulings involving prediction markets has greatly complicated the issue of jurisdiction. Kalshi has been forced to limit trading in multiple states, most notably Nevada, and the CFTC has gone to unprecedented lengths to protect its licencees. This includes suing nine states directly and issuing emergency orders to reject state mandates.
CFTC Chairman Michael Selig is currently the lone sitting commissioner for an agency that traditionally features a bipartisan group of five. Selig has repeatedly defended both the legitimacy of prediction markets as financial assets and the role of the CFTC in overseeing them. The CFTC under his direction has embarked on a series of rule proposals regarding prediction markets, although detractors argue that the proposed changes still allow for sports contracts and in some ways could be seen as a tightening of the belt to make a Supreme Court review look more favourable.
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The Mid-Atlantic struggles weren’t limited to New Jersey, as Pennsylvania revealed today (Sept. 17) that brick-and-mortar gross gaming revenue (GGR) from slot machines and table games totaled $280.3 million.
Pennsylvania casino revenue for August was almost 6% lower than a year ago, when the state’s casinos won $297.7 million from their physical slots and table games. Pennsylvania’s August 2026 struggles came despite the state having one more casino last month than it did in August 2025, as Happy Valley Casino only opened in April 2026.
In Maryland, the state’s six casinos combined to win $160 million in August, representing a 6% drop from the prior year. In Virginia, casino revenue from its five casinos was $97.6 million, almost 5% lower than August 2025.
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Another point of contention was content marketing and influencer promotions. The Lords committee advised treating this as advertising and, if a full ban were not immediately feasible, prioritising its prohibition.
Sponsorships and advertising with sports teams was also flagged as according to the report, voluntary efforts had failed to reduce the industry’s exposure.
With int he report Dr Matt Gaskell MBE observed that “overall exposure (including shirts, hoardings, logos, sponsorship and related marketing) during live sports programmes does not show that self-regulation has reduced exposure meaningfully”.
