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The legal wrangling extends to Michigan, where Attorney General Dana Nessel has rejected Polymarket and the CFTC’s arguments that the Michigan Gaming Control Board has no regulatory authority over prediction markets, even the ones allowing traders to buy and sell shares of sports outcomes.

Since returning its prediction market to the US, Polymarket has regularly engaged in nonconforming advertising. Painting a water tower in the company’s blue and branding the structure with its logo is the firm’s latest marketing ploy.

In March, Polymarket opened The Situation Room, a pop-up “newsbar” in Washington, DC. The bar and lounge’s televisions played various content related to prediction markets, like Bloomberg Terminals, cable news, and live social media feeds that were “dedicated to monitoring the situation.”

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“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.

A major advantage for traditional sportsbook operators is their ability to aggressively fund customer acquisition and retention bonuses. As EKG points out, prediction markets have “less ability to be generous with bonuses” because users trade against one another rather than against the house.

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A Bank of America study released on 1 September found that the median deposit account balance of households that participated in online betting was 59% higher than households that avoided the activity. As prediction markets rapidly expand alongside traditional sports betting, the findings have prompted “some to blur the lines between entertainment and investment”, according to a proprietary study undertaken by BofA.

The ongoing battle between states’ rights advocates and those who support federal regulations in sports trading is not black and white. Carton indicated in his monologue that engaging in the trading of sports-event contracts amounts to unregulated gambling. Designated Contracts Markets, better known as prediction markets, are regulated on the federal level by the US Commodity Futures Trading Commission.

On Wednesday, a CFTC deputy general counsel posted an ad on LinkedIn for a senior position with the commission. It appears that the attorney is seeking assistance in crafting formal rules for event contracts, a set of regulations he described as the “most impactful” the commission has written “in decades”.