States Escalate Fight Against Prediction Markets
The dispute has moved far beyond political rhetoric. Arizona Attorney General Kris Mayes filed 20 criminal counts against Kalshi in March, accusing it of operating an unlicensed gambling business and illegally offering wagers on elections, including the 2026 Arizona gubernatorial race and the 2028 presidential election.
Massachusetts has also taken action. In January, a state court granted a preliminary injunction preventing Kalshi from offering sports event contracts to Massachusetts customers unless it complies with state sports-betting laws and licensing requirements.
New York joined the battle in July after suing Kalshi and alleging that its prediction markets constitute an illegal, unlicensed gambling operation. State officials have also raised concerns that Kalshi allows users aged 18 to 20 to participate despite New York requiring sports bettors to be at least 21.
Kentucky targeted several companies, including Kalshi and Polymarket, arguing their sports event contracts amount to unlicensed sports wagering.
CFTC Fights Back
The Commodity Futures Trading Commission argues that federally registered prediction exchanges fall under its exclusive jurisdiction. The agency launched its own legal actions involving Arizona, Connecticut, Illinois, Wisconsin, New York, Minnesota, Rhode Island, New Mexico and Kentucky to try and block states from applying gambling laws to federally regulated event contracts.
States, however, are still unconvinced. A coalition of 44 attorneys general told the CFTC in July that it lacks authority to effectively take control of sports wagering through prediction-market regulation.
That disagreement could ultimately completely change the US prediction market industry: if federal authority prevails, platforms could operate under one nationwide framework; if states win, operators may face a patchwork of gambling laws, licensing requirements and restrictions across the country.