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There is a second complication. The relentless flow of Commission statements may eventually make enforcement less damaging rather than more.

“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.

He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.

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“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.

She also criticised a Kalshi competitor for offering a function that allows minors over 17 to link an investment account with the ability to buy and sell event contracts. A former legislative director for the National Council on Problem Gambling, Doura-Schawohl described the opportunity as “very dangerous” for teenagers susceptible to harm.