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Prediction markets have proven effective at attracting sharp bettors and high-rollers who are often limited or banned by traditional sportsbooks. However, consumer surveys indicate that when given the choice between a sportsbook and a yes/no exchange, most recreational bettors still prefer the traditional sportsbook interface. That dynamic helps explain why prediction markets remain in second place.

“Prediction markets represent a meaningful second channel for NFL wagering but still small on a relative scale, reflecting a new sector with less of an installed base,” observes EKG.

It’s widely believed that all-or-nothing exchanges are carving out significant niches in states, such as California and Texas, where sports betting is prohibited, but there’s also emerging consensus that the prediction market threat to sportsbooks is easing.

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Paired with the recent rise of prediction markets—which allow traders to stake money on everything from sporting events to pop culture outcomes—Americans are risking more money on casino-like activities than ever before.

Buffett has repeatedly raised concerns regarding the mainstreaming of gambling and its marketing under the guise of investing. In May, he targeted prediction markets and traders speculating on short-term instruments like 30-minute bitcoin options.

“If you’re buying or selling one-day options, that is not investing. It is not speculating. It is gambling,” Buffett said during an interview with CNBC. “There’s nobody who can explain why they’re buying an option for one day.”

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Prediction market operators are on legal losing streaks, confirming that Beynon is onto something when he says the regulatory environment is the biggest risk facing the industry.

“We continue to view regulation as the largest risk to prediction markets,” says the analyst. “While industry growth remains robust, adverse legal outcomes could materially impact sports contract availability and long-term adoption.”

Amid a string of losses in federal appellate courts, it appears increasingly prediction markets are angling to take their cases to the U.S. Supreme Court, banking that the high court will allow them to continue offering sports event contracts free of state gambling regulations.