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In response, DeNault noted that prediction markets regulated on the federal level by the CFTC offer a “safer alternative” than many offshore operators that lack the requisite consumer protections.
“You can go the combative route and ban something that’s federally regulated,” he said. “But what you’ll end up with is a bunch of customers in Texas just going offshore.”
The committee also heard from Brianne Doura-Schawohl, a nationally recognised problem gambling expert. One study cited by Doura-Schawohl found that 52% of Gen Z respondents include sports betting and prediction markets as part of their long-term financial plan.
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The report also revealed that Evolution had ignored virtual currency risks, as they had accepted wagers in said currency without triggering the enhanced due diligence normally expected in such cases.
Moreover, Evolution had continued earning revenue from operators in so-called grey markets without enforcing contractual blocks or other remedial measures despite earlier allegations.
Last month the UK Gambling Commission agreed a regulatory settlement with Evolution of £4.75 million, after finding its games had been accessible via a handful of unlicensed operators in the UK.
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The text also bans exploiting situations of economic crisis, unemployment, debt, emotional distress, grief, anxiety, depression, loneliness, or other conditions of vulnerability to attract, retain or reactivate gamblers.
Operators must maintain permanent mechanisms for age verification, self-exclusion, voluntary time and wagering limits, and information on the user’s own gambling behaviour. Self-exclusion must be effective with all authorised operators.
The text also prohibits bets placed using credit cards, the use of predictive models to identify moments of greater vulnerability, and platform design mechanisms that hinder a conscious decision to stop betting, leave the service, or activate limits and blocks. Operators must maintain permanent alerts about compulsive gambling, indebtedness and asset loss, and adopt verifiable protocols for identifying risky behaviour.
