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Asked by Hall on how Texas should proceed moving forward, York advised that the state should seek an order that would require prediction markets to geofence their platforms from operating statewide. York also prefers the pursuit of litigation against prediction markets in state court, rather than the federal circuit, where state attorney generals have been less successful.
“Prediction markets think they can mess with Texas,” York said. “I hope you prove them wrong.”
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.
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The proposal establishes criteria for classifying products according to their potential for harm. Among the characteristics considered are instantaneous or short-lived results, continuous repetition at short intervals, use of random mechanisms to determine the outcome, intermittent rewards, near-miss incentives, incentives to recover losses and features that make it difficult to stop betting or induce successive, impulsive, or increasingly valuable bets.
Products offered to the public must undergo prior evaluation by a competent body of the Federal Executive Branch, to be defined in regulations. Products classified as high-risk will be subject to specific harm reduction measures. Products with excessive risk may not be offered. This category includes products with outcomes determined by random mechanisms, continuous cycles and variable rewards, such as roulette, slot machines, collision games and simulated virtual sports.
Furthermore, the text maintains obligations for monitoring and institutional cooperation, with the provision of aggregated and anonymised data to the competent authorities. It also provides for actions by the executive branch aimed at monitoring the impacts of betting, training health professionals, updating care protocols and periodically disseminating information on the effects of the activity.
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During a livestream on Sunday, he said he had met with “eight victims of online betting”. To reinforce his criticism of the sector and in an attempt to win over conservative voters, he pointed out that one gambler had made 1,400 instant fund transfers (Pix) to a betting site. Lula criticised the Central Bank for failing to detect such a high volume of transactions to a single company.
However, that responsibility does not lie with the Central Bank. It is the role of the Secretariat of Prizes and Bets to monitor and regulate the sector. Betting companies submit detailed daily reports on bettors’ financial transactions with the sites. A specific module within Brazil’s betting management system detects recurring transfers.
“Today I met a young man who made 1,400 Pix transfers in three months, and the Central Bank didn’t detect that this was an excessive number of transfers to the same company?” Lula said.
