Keywords
Bets, betting, gambling Addiction, Financial Gambling
Abstract
This Article challenges traditional financial regulation by exploring how prediction markets—initially developed as sophisticated tools for collective forecasting—increasingly resemble gambling venues. These platforms, once designed to harness crowd wisdom, have transformed into high-stakes ecosystems where engage- ment-driven features blur the boundary between forecasting and betting. This evolution presents a dual challenge: on one hand, certain platforms, including regulated ones, offer innovative avenues for price discovery and risk hedging; on the other, their gamblified design exposes users to significant behavioral and financial risks.
Through comprehensive empirical analysis of gamblification and self-determination manipulation across five prediction market interfaces, this Article demonstrates how these platforms embed betting and gaming mechanics into event contracts, exposing users to gambling-like volatility and manipulation. Drawing on public health, economics, behavioral psychology, and addiction scholarship with analysis through the lens of Self-Determination Theory, the Article reveals how these platforms employ betting terminology and operations while generally denying gambling classification—directly contradicting the company’s own claims and replicating the very traits they purport to disavow.
Commercial gambling is often portrayed as a harmless leisure activity or solely a cause for concern for a small subset of pathological gamblers; however, the price and pain it inflicts are at an all- time peak. In the United States, gambling has long been regulated— initially to curb fraud and organized crime, and later to mitigate the escalating public health risks of high-speed betting that may cause devastating financial, psychological, and social consequences, particularly among vulnerable users.
Recent financial deregulation trends, including policy shifts to- ward crypto markets, further complicate this landscape by weakening consumer and investor protections. This Article examines how prediction markets repackage traditional betting as financial activity. While they offer informational and liquidity benefits, prediction markets also pose risks of systemic instability and predatory financial exploitation. Amid high-profile legal disputes between prediction market platforms and federal or state regulators—as well as evolving regulatory interpretations in post-Chevron administrative law—we argue that policymakers must craft a framework that safeguards prediction markets’ legitimate functions while protecting consumers from excessive gamblification.
By examining the diverse operational models, regulatory challenges, and technological innovations shaping the prediction mar- ket industry, this Article provides a comprehensive analysis of their legal and policy implications. Ultimately, the Article calls for ro- bust, consumer-centric regulatory reforms that incorporate interdisciplinary insights from legal, behavioral science, technological, and public health fields to address both the economic merits and the inherent behavioral hazards of modern prediction markets while ex- amining their placement on the spectrum of luck vs. skill and gambling vs. forecasting.
Recommended Citation
Sharon Rabinovitz and Nizan G. Packin,
All Bets Are On: Addiction, Prediction, Regulation, and the Future of Financial Gambling,
36 Fordham Intell. Prop. Media & Ent. L.J. 90
(2025).
Available at: https://ir.lawnet.fordham.edu/iplj/vol36/iss1/2