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The failure to secure passage of the bill is a stinging defeat for both crypto-connected prediction operators and the CFTC, which has fully embraced the advance of digital assets under Chairman Michael Selig. Interest groups and political action committees had spent countless hours and millions of dollars lobbying for the legislation.

In statements, op-eds and media interviews since his appointment, Selig had pounded the table for a federal crypto framework. As the IGA’s Bean alluded to, the Clarity Act would have given the agency a number of new duties and authorities related to the new assets at a time when the commission’s existing workload has been cause for concern. There are typically five sitting CFTC commissioners at any given time, but Selig is currently the lone sitting commissioner with no other nominations submitted.

Selig recently hosted a meeting of the CFTC’s so-called Innovation Advisory Committee, which featured extensive discussion about crypto from leading CEOs. The committee’s charter says members pledge to “provide advice and recommendations” on several topics, including crypto assets and blockchain technology.

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“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.

“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.”

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“These were serious breaches by Dabble. Wagering providers must have robust systems in place to protect people who have chosen to self-exclude,” Lidgerwood added.

Tabcorp Holdings Limited, one of Australia’s largest wagering and media companies was also fined more than AU$2.7 million earlier this year. ACMA clarified that Tabcorp had violated telemarketing and spam regulations over a 16-month period. 

It had sent over 217,000 marketing emails and SMS messages within a 16-day window to customers who had explicitly unsubscribed. ACMA regarded the volume and timing of these messages as significant enough to warrant enforcement action.