The deflection point for me on Regulation is purchases vs loot boxes
If the game is implimenting direct purchases, where you buy Item X for Y price then I feel regulation is unwarranted even in the context of harmful levels of purchasing
However if the game is using a loot box system where the play buy a "chance" to "win" an item they desire, then I think that should be considered a "game of chance" like a lottery or slot machine, under which there should be some regulation to require the disclosure of odds, how many times their is a payout, etc etc etc
Diablo seems to use a Loot Box system, not a direct pay system
The difference to older tech like mechanical slot machines is that the game records everything the player does, and can then drop a "discounted" special offer at the right time to maximize the likelihood of keeping the player hooked.
While some games do, the few that do those odds are not predominantly displayed nor they are externally validated as being accurate.
There is also no disclosure as to if the odds are manipulated on a per player basis, which I believe there are a few patents related to changing the "drop" rate based on player behavior, this is similar and can be combined with your comment about monitoring to drop a discount at the right time
In the context of Diablo, I can not find the Odds of their loot boxes anywhere published.
If the game is implimenting direct purchases, where you buy Item X for Y price then I feel regulation is unwarranted even in the context of harmful levels of purchasing
However if the game is using a loot box system where the play buy a "chance" to "win" an item they desire, then I think that should be considered a "game of chance" like a lottery or slot machine, under which there should be some regulation to require the disclosure of odds, how many times their is a payout, etc etc etc
Diablo seems to use a Loot Box system, not a direct pay system