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There’s no singular culprit for the Mid-Atlantic’s August casino woes but several likely factors.

The first is the ongoing cannibalization of in-person gaming by online casinos. The Mid-Atlantic is home to four of the country’s eight legal iGaming states: Delaware, New Jersey, Pennsylvania, and West Virginia.

While in-person casino revenue declined in Delaware, New Jersey, and Pennsylvania, iGaming reported GGR growth in each jurisdiction. iGaming revenue in New Jersey was up 4.4%, Pennsylvania’s online casinos saw GGR climb almost 6%, and Delaware iGaming surged 35%.

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The research also identified content that associates betting with investments and the possibility of income.

In one of his Instagram stories, speaking directly to the camera, Pedro (a fictitious name for a “professional gambler”) shares a “unique opportunity”. He says that he is going to release a “super promotion for a premium group, which has higher odds”.

The normal price for access to the Telegram group would be BRL397 ($77.18) per month. But, exclusively on that day, he would release both groups together for “only BRL14.91 per month on the annual plan”. This group is the main product sold by Pedro, where he publishes sports predictions, tips on betting operators and higher-value betting odds.

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A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC. 

Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level. 

The latest filing is an early step in filling some of that regulatory gap for the CFTC. The agency can issue regulations under its current statutory authority, but those regulations would not necessarily be as permanent as legislation passed by Congress.