Kalshi faces state bans as CFTC pushes for a federal framework on prediction markets

Kalshi faces state bans as CFTC pushes for a federal framework on prediction markets

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News Editor
2026-08-23 01:57:04
Kalshi, the largest prediction market platform in the United States, is facing a widening state-by-state legal fight after a Washington court found the company was operating illegal gambling in the state and ordered it to stop offering most event contracts to local residents. Users in Washington have now been blocked, joining earlier restrictions in Michigan and Nevada. Connecticut and New York are also pressing challenges, while several other states are involved in related legal disputes, many centered on sports event contracts. At the same time, the Commodity Futures Trading Commission is moving in the opposite direction. CFTC Chairman Mike Selig said defending the agency’s sole jurisdiction over prediction markets is a priority and that he is working on a broader regulatory framework, including consumer protection standards, product governance, market design and incentive rules. His comments came as the agency, currently reduced from five commissioners to only Selig, weighs formal rulemaking. The clash is also drawing in established derivatives players. At a CFTC advisory committee meeting, CME Group CEO Terry Duffy openly criticized prediction markets as vulnerable to manipulation, while Kalshi COO Luana Lopes Lara and Selig defended the sector. The dispute is quickly becoming a larger battle over whether prediction markets will be governed primarily at the federal level or constrained by state enforcement actions.

Kalshi is running into mounting resistance across the United States as state regulators and courts move against the prediction market platform, even as the Commodity Futures Trading Commission pushes to build a broader federal framework for the sector.

Users in Washington state lost access to Kalshi this week after a state court, in a lawsuit brought by the state, found that the platform amounted to illegal gambling locally and ordered it to stop offering most event contracts to Washington residents.

In an email sent to users, Kalshi said: 「The State of Washington has blocked your right to freely trade on Kalshi.」 With users in Michigan and Nevada already blocked earlier, the company is now facing pressure from multiple states at once.

Washington, Connecticut and New York are all part of the fight

Washington Attorney General Nick Brown said: 「Kalshi has profited by marketing wagers on sports, elections, natural disasters and even events tied to war with Iran. Under this order, Kalshi is barred from offering bets on most such topics in Washington.」 The attorney general’s office said the court had determined the platform constituted illegal gambling in the state.

On Thursday, Kalshi asked the court to reconsider the ruling, arguing that the state was applying a double standard. According to the company, six days after the court order, the state said it would not enforce against Crypto.com while an appeal is pending, even though Crypto.com offers what Kalshi described as the same prohibited business model. In its motion, Kalshi said: 「The event contracts the state says cannot be tolerated on Kalshi are now freely available to Washington residents, with the state’s blessing, from a competitor in a position identical to Kalshi’s.」

The conflict extends beyond Washington. Connecticut regulators were in federal court this week pressing to apply gambling law to Kalshi. New York continues to challenge recent emergency action by the CFTC that was intended to protect Kalshi’s business in the state. Massachusetts, Minnesota, Ohio, Maryland, Utah and Arizona have also seen legal conflicts, most of them focused on sports betting.

CFTC chairman backs a full regulatory structure

While states tighten pressure, support from the federal level is becoming more explicit. CFTC Chairman Mike Selig has made defending the agency’s 「sole jurisdiction」 over prediction markets a priority and has begun working on a series of formal rules.

At the first meeting of the agency’s Innovation Advisory Committee, Selig said regulators had either 「buried their heads in the sand」 or tried to ban these event contracts outright. He said: 「The CFTC has never built a complete regulatory framework to address the unique policy considerations raised by these products.」

The CFTC is supposed to have five commissioners, but only Selig remains. That gives him room, for now, to act unilaterally on policy decisions. He said that beyond recent rule proposals, the agency would soon modernize oversight of event contracts and 「establish consumer protection requirements」 covering product governance, market design and incentive structures.

TD Cowen policy analyst Jaret Seiberg wrote in a client note that the CFTC’s commitment to consumer protection could reduce the risk that senators attach restrictions on prediction markets to the September farm bill or other legislation.

CME’s Terry Duffy confronts Kalshi and the CFTC

The debate spilled into open confrontation at the advisory committee meeting, where Selig and Kalshi Chief Operating Officer Luana Lopes Lara sparred with CME Group Chief Executive Officer Terry Duffy.

Duffy said prediction markets involve 「a lot of things that are susceptible to manipulation, and that is very bad for our industry. We are not carnival barkers.」 His remarks highlighted the hostility many established derivatives firms feel toward the emerging business.

The larger question is who gets to regulate prediction markets

Prediction markets have recently drawn wider attention from lawmakers and have also triggered opposition from parts of traditional finance. The immediate issue is timing. If the CFTC can move quickly on consumer protection requirements and event contract rules while state bans are spreading, it may strengthen the argument for exclusive federal jurisdiction and persuade Congress to hold back.

If state restrictions continue to spread while a federal framework remains unsettled, the industry could end up operating under a more fragmented regulatory system. Kalshi’s double-standard argument involving Crypto.com may carry weight, but the final answer will depend on the appeals court.

For market participants, the dispute shows how quickly a single state court can disrupt a platform’s legal footing. In an environment where a federal framework and state-level enforcement coexist, compliance costs can rise sharply.

This article was originally published by Bit.Fan. For more cryptocurrency news and market insights, visit www.bit.fan.
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