CFTC Sues New York Over bid to Apply Gambling Laws to Prediction Markets

The Commodity Futures Trading Commission (CFTC) has filed a lawsuit against New York to stop the state from applying its gambling laws to federally regulated prediction market platforms, escalating a growing clash over who has authority to oversee these products.

In a complaint lodged in the US District Court for the Southern District of New York, the CFTC argued that federal law gives it exclusive authority over these markets, asking the court for a declaratory judgment and a permanent injunction against New York’s enforcement actions.

“CFTC-registered exchanges have faced an onslaught of state lawsuits seeking to limit Americans’ access to event contracts and undermine the CFTC’s sole regulatory jurisdiction over prediction markets,” CFTC Chair Michael Selig said.

Earlier this week, New York filed suits against Coinbase and Gemini, claiming their offerings violated state gambling rules. The state had also previously targeted Kalshi, ordering it to halt parts of its sports-related contracts.

Related: Kalshi, Polymarket among 27 prediction platforms banned in Brazil

States say federal law doesn’t legalize sports betting

On Friday, a coalition of 37 states and Washington, D.C. filed an amicus brief supporting Massachusetts in its case against Kalshi, urging Massachusetts’ highest court to reject Kalshi’s argument that federal law allows it to offer sports betting nationwide without following state rules.

Kalshi argues its betting products are “swaps” regulated by a federal agency under a 2010 financial law. The states say that law was never meant to legalize or control sports betting and does not clearly override state authority, which has historically governed gambling.

37 states back Massachusetts in amicus brief. Source: New York Gov

The states also argue that removing state oversight would weaken protections. State laws currently handle licensing, age limits, fraud prevention, and gambling addiction, which are areas not covered by federal financial regulation.

Related: US appeals court upholds preventing New Jersey enforcement against Kalshi

States ramp up crackdown on prediction markets

State officials have taken a more aggressive stance against prediction markets in recent months, issuing cease-and-desist letters and pursuing legal action against firms offering prediction contracts.

States like Arizona, Connecticut and Illinois are seeking to enforce gambling laws against prediction platforms. Earlier this month, a Nevada judge extended a ban preventing Kalshi from offering event-based contracts in the state, siding with regulators who argue the products amount to unlicensed gambling.

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