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What is Space Spins?
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.
About Space Spins
The ban covers brand exposure, naming rights, licensing, ambassadors and other forms of promotional association. The text provides a 24-month period for adapting or terminating sponsorship contracts, and the signing, renewal, or extension of contracts will only be permitted if the respective term of validity expires within those 24 months.
Sponsorship activities involving children and adolescents, schools, and youth sports categories are also prohibited. Betting companies will also be banned from associating their brand with campaigns or projects related to mental health, suicide prevention, financial education, treatment of gambling disorders, social assistance, prevention of over-indebtedness or protection of vulnerable families.
Operators may not use data from individuals who have self-excluded, are undergoing treatment, or have requested to block marketing in order to attempt to reactivate them. Repeated or intrusive messages and offers directed at users who have reduced their gaming frequency, registered significant losses, triggered limits or shown signs of risky behaviour are also prohibited.
About Space Spins
“Brazil learned a great deal from the experience of regulators worldwide while developing our own regulatory framework, and I view the IAGR as one of the most important forums for this exchange of knowledge,” he stated.
“Although each jurisdiction has its own legal system, market characteristics and regulatory priorities, many of the challenges we face are increasingly global. Combatting the illegal market, preventing money laundering, protecting consumers and ensuring betting integrity require ever-greater cooperation among regulators from different countries.”
Macorin will attend the IAGR Annual Conference in Peru (19-22 October). There, regulators and industry representatives from around the world will discuss emerging challenges and opportunities in gaming and betting regulation.
