Attorneys General of 44 U.S. states sent a joint letter to the CFTC, questioning whether it has the authority to regulate sports prediction markets.
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Attorneys general from 44 U.S. states have jointly sent a letter to the U.S. Commodity Futures Trading Commission (CFTC), arguing that the CFTC lacks jurisdiction over sports event prediction markets, and urging it to withdraw its current proposed rules and draft new regulations that comply with the Commodity Exchange Act (CEA) and the U.S. Constitution. The letter notes that sports betting has long been regulated by individual U.S. states, while the CFTC’s proposed rules would significantly expand federal regulatory authority beyond its statutory mandate. Recently, the CFTC has been embroiled in legal disputes in multiple states over regulatory authority for sports event contracts with prediction market platforms including Kalshi and Polymarket. Currently, U.S. state courts have taken inconsistent stances on the issue. A Minnesota state court this week temporarily blocked the enforcement of a local prediction market ban, allowing Kalshi and Polymarket to continue operating during the litigation period; while a New York state court again refused to halt the application of local gambling-related laws to Kalshi, and Michigan and Washington states have also successively restricted Kalshi’s provision of sports event prediction contracts.
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