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The announcement came on the same week that Indian Gaming Association leaders met with CFTC Chair Michael Selig. The meetings centred on prediction market-related discussions that IGA Chair David Bean deemed mostly unproductive. On Wednesday, the US Court of Appeals for the Ninth Circuit reversed a lower court’s decision in Blue Lake Rancheria vs Kalshi.
Per the ruling, the Ninth Circuit determined that Kalshi’s sports event contracts amount to unauthorised gaming under the Indian Gaming Regulatory Act (IGRA) when accessed on tribal land.
“Today’s decision reinforces a fundamental principle: when sports wagering occurs on Indian lands, federal Indian gaming law matters,” said Bean on Wednesday.
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“Prediction markets have branded themselves as legal and safe, but the reality is they are not adhering to Connecticut’s consumer protection standards,” Lamont wrote in a statement.
While such orders have become customary around the nation this year, Connecticut’s missive took it one step further. The department also issued nearly 30 subpoenas to licensed gaming service providers and a bevy of media outlets. Those issued subpoenas include ones served to PayPal, Sportradar Solutions and Plaid, a payment processing app that holds a gaming licence. Although those companies are not under investigation, the subpoenas appear to be the first against service providers that conduct business with prediction markets in some form.
– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.
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While in-person casino revenue declined in Delaware, New Jersey, and Pennsylvania, iGaming reported GGR growth in each jurisdiction. iGaming revenue in New Jersey was up 4.4%, Pennsylvania’s online casinos saw GGR climb almost 6%, and Delaware iGaming surged 35%.
Though Maryland, Virginia, and New York do not have iGaming, prediction markets offering trading on everything from sports to politics continue to make their platforms accessible. Controversial sweepstakes casinos additionally continue to operate in Virginia and Maryland.
The American Gaming Association (AGA) believes many federally regulated prediction markets have transformed into illegal gambling and sports betting outfits, siphoning revenue from the legal, taxed gaming industry. Prediction markets, the trade group argues, threaten jobs and tax revenue, as do other forms of illegal gambling like skill games, sweepstakes casinos, and offshore sportsbooks.
