Federal regulator fights states over prediction market control

Siding with a large platform against state gaming regulators attempting to shut it down, the U.S. commodities watchdog has entered a heated court battle about who actually has the authority to control prediction markets.

The Commodity Futures Trading Commission supported Crypto.com in its dispute with the Nevada Gaming Control Board by submitting court documents to the Ninth U.S. Circuit Court of Appeals on Tuesday. Lawyers for the federal government contend that only Washington, not states that consider these betting-style platforms like traditional casino gaming, may regulate them under commodity trading regulations.

Agency chairman vows to defend federal authority

The move marks a clear shift under Chairman Michael Selig, who assumed leadership and promptly signaled he intends to block state overreach. In a recent Wall Street Journal piece, Selig wrote that these markets let people hedge against real financial risks and should be viewed as regulated contracts rather than gambling.

He cited about 50 ongoing court cases nationwide targeting firms such as Kalshi, Polymarket, Coinbase, and Crypto.com. When states step in independently, he contended, it breeds inconsistency and undermines the national framework.

Selig reinforced his stance in an online video, noting the commission has regulated these kinds of markets for over two decades. He described how everyday individuals rely on them to offset losses tied to weather shifts or energy price swings. “We will see you in court,” he declared, underscoring the agency’s commitment to defending what it sees as fair, orderly markets.

The Trump administration appears to favor this federal-preemption stance, resisting state-level efforts to restrict or outlaw the platforms. Operators insist their systems function differently from conventional sportsbooks, which they say removes them from certain state gambling laws and specific federal tax obligations.

State officials take the opposite view. They classify these platforms as unlicensed wagering operations. Nevada blocked Kalshi and Polymarket from offering contracts after launching lawsuits, though those disputes remain under appeal.

Tennessee and New York have also acted, issuing cease-and-desist letters or warnings about violating gambling statutes. New York Attorney General Letitia James labeled platforms like Kalshi and Polymarket as bets “masquerading” as contracts, asserting they offer users virtually no meaningful safeguards.

Betting activity reaches record levels

The conflict is unfolding against a backdrop of surging wagering. A NerdWallet poll of 2,000 U.S. adults revealed 20% had placed sports bets in the previous year, up sharply from 12% in late 2023. Research has tied online sports betting to declining credit scores and rising debt, fueling concern about financial harm to participants.

Prediction markets themselves have exploded in scale. Leading sites like Kalshi and Polymarket have recorded peak trading volumes. On Super Bowl Sunday alone, over $1 billion in wagers flowed through, while annual figures have soared into the tens of billions, largely fueled by sports-related activity.

In February, twenty-three Democratic senators wrote to the CFTC voicing deep unease. Led by Adam Schiff and Catherine Cortez Masto, they urged the agency to avoid court interventions and reaffirm prohibitions on contracts tied to sports events, armed conflict, terrorism, or assassinations. They feared unchecked expansion might invite large-scale gambling abuses.

Selig promised to reevaluate whether the commission should become involved in lawsuits and create more specific regulations for prediction markets after he took office. He supported the agency’s jurisdictional knowledge.

Federal supervision might promote innovation and provide consistent national norms, allowing for more effective risk management than just conjecture.

However, without strong protections against manipulation and growing consumer debt, customers’ financial problems may worsen, especially because sports betting accounts for the majority of activity.

The courtroom battle will probably settle whether states or federal authorities hold the reins over a fast-growing, multi-billion-dollar industry.

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