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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.
On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
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“These were serious breaches by Dabble. Wagering providers must have robust systems in place to protect people who have chosen to self-exclude,” Lidgerwood added.
Tabcorp Holdings Limited, one of Australia’s largest wagering and media companies was also fined more than AU$2.7 million earlier this year. ACMA clarified that Tabcorp had violated telemarketing and spam regulations over a 16-month period.
It had sent over 217,000 marketing emails and SMS messages within a 16-day window to customers who had explicitly unsubscribed. ACMA regarded the volume and timing of these messages as significant enough to warrant enforcement action.
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Prediction markets have proven effective at attracting sharp bettors and high-rollers who are often limited or banned by traditional sportsbooks. However, consumer surveys indicate that when given the choice between a sportsbook and a yes/no exchange, most recreational bettors still prefer the traditional sportsbook interface. That dynamic helps explain why prediction markets remain in second place.
“Prediction markets represent a meaningful second channel for NFL wagering but still small on a relative scale, reflecting a new sector with less of an installed base,” observes EKG.
It’s widely believed that all-or-nothing exchanges are carving out significant niches in states, such as California and Texas, where sports betting is prohibited, but there’s also emerging consensus that the prediction market threat to sportsbooks is easing.
