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They must also evaluate their current technical safeguards to ensure alignment with regulator expectations and certification standards.
Safeguarding has reappeared as a focal point for the regulator. In July of this year, ANJ imposed a €500,000 ($572,797) fine on an unnamed online betting operator, referred to as Company X, for not adequately identifying and supporting customers exhibiting signs of problematic gambling.
The fine followed an investigation that found Company X had failed to correctly identify 29 high-risk players at an appropriate risk level. Six players were missed entirely and 23 were misclassified at a lower risk tier.
How to play Outsourced
“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”
In a statement, Kalshi spokesperson Dani Lever said the platform is “an open, nationwide, financial exchange” that “cannot be regulated by 50 different regulators”, per CDC Gaming.
“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.
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The MLB and NHL futures contracts could be deployed by big-money bettors as hedges on various team exposures over the course of those leagues’ seasons.
As for the regulatory outlooks for the ETFs, the SEC hasn’t publicly commented on the NHL funds’ fates and it’s too early to tell what will come of the MLB filings, but there are hundreds of futures-based ETFs on the market today.
That may be a sign that pro sports futures ETFs could avoid the “novel” label that’s been a hindrance in bringing other ETFs to market.
