The Trump administration escalated the fight by suing Illinois, Connecticut, and Arizona in April 2026, arguing that federal law preempts state gambling regulations over prediction markets . The lawsuits mark the most significant federal effort yet to establish exclusive CFTC jurisdiction over the sector.
Federal courts are already weighing in. In February 2026, the U.S. District Court for the Middle District of Tennessee granted Kalshi a preliminary injunction, finding that its sports event contracts are likely "swaps" under the Commodity Exchange Act and that federal law likely preempts Tennessee's efforts to regulate them . That ruling adds a significant data point to a rapidly growing body of case law.
State-level opposition remains fierce. At least 11 states have issued cease-and-desist orders targeting sports event contracts. Nevada secured a court ruling blocking both Kalshi and Polymarket from operating. Arizona filed 20 criminal counts against Kalshi for illegal gambling. More than 20 federal lawsuits are currently pending over the classification question .
Congress is also applying pressure. Key senators have introduced legislation that could severely curtail the industry's prospects . In April 2026, a coalition of House Democrats urged the CFTC to ban insider trading and prohibit event contracts concerning elections, military actions, sports, and government decisions without a legitimate economic hedging interest
. The House Oversight Committee sent a letter to Kalshi in May demanding records on safeguards against offshore circumvention
.
Outside the United States, the regulatory response has been more uniformly hostile. Prediction markets are restricted or banned in more than 50 countries, including Argentina, Colombia, France, Germany, and Spain — all treating them as unauthorized gambling .
Brazil's crackdown has been the most sweeping. On April 24, 2026, the Finance Ministry blocked 27 prediction platforms, including Polymarket and Kalshi, through telecoms regulator Anatel . Finance Minister Dario Durigan stated the platforms breach betting regulations approved by Congress and lack any legal authorization to operate in the country
. The government launched a public awareness campaign warning citizens that these platforms operate without federal licenses and will be treated as illegal betting operations
.
Japan represents a different approach. Polymarket is pursuing formal government approval to enter Japan by 2030, appointing a representative in the country and working through official channels rather than launching first and dealing with regulators later . Japan has some of the toughest gambling laws among major economies, making this cautious, long-term strategy a notable outlier.
The list of bans is growing in real time. In the weeks immediately before the World Cup, Spain, Indonesia, and India joined the list of countries restricting or blocking access to prediction market platforms .
The traditional gambling sector has mobilized aggressively against prediction markets, viewing them as an existential threat to state-regulated sports betting.
The American Gaming Association and Indian Gaming Association issued a joint letter to Congress in January 2026 demanding action, calling prediction markets a dangerous, parallel, un-taxed betting market . The AGA estimates the platforms have cost governments more than $500 million in potential sports betting tax revenue
.
The industry's alarm is widespread. A Q1 2026 AGA survey found that 81% of gaming executives now flag prediction markets as a "very significant" threat to the regulated gaming industry . That figure reflects a sector that sees its regulatory and tax advantages being systematically undermined.
Labor unions have joined the opposition. UNITE HERE, which represents more than 100,000 casino employees, has called for the outright banishment of sports event contracts . In June 2026, the gaming industry, tribes, and unions jointly urged lawmakers to add language barring prediction markets from offering sports wagers into pending cryptocurrency legislation
.
The fight has split the industry itself. DraftKings, FanDuel, Fanatics, and bet365 all left the AGA in a six-month span, partly over internal divisions on how to handle prediction markets. Some of these operators have now launched their own prediction market products .
There is no international treaty, model law, or multilateral agreement governing prediction markets. Each jurisdiction is improvising, often by stretching existing laws designed for very different purposes.
The KPMG analysis describes the U.S. path as "accommodation while awaiting court outcomes" — not settled policy . The CFTC is applying a framework designed for agricultural and financial derivatives to a product that walks, talks, and pays out like sports betting
. Most other countries are simply treating prediction markets as illegal gambling under existing betting laws, with no jurisdiction having enacted a purpose-built statute
.
At the heart of every lawsuit, every ban, and every lobbying campaign is a single classification question with enormous practical consequences.
The derivatives argument holds that prediction contracts are regulated futures and commodities exchanges under the Commodity Exchange Act, offering price-discovery on real-world events — analogous to weather futures or economic indicators . Under this framework, the CFTC retains exclusive jurisdiction.
The gambling argument contends that sports event contracts are functionally identical to sports betting, but operate without state taxes, age verification, responsible-gaming rules, or consumer protections . If this view prevails, platforms must comply with state-by-state licensing regimes — or face outright bans in states that prohibit gambling.
The practical stakes are enormous. The Trump administration's lawsuits to preempt state laws are explicitly aimed at locking in the derivatives classification nationwide . The outcome will determine whether prediction markets can operate as a federally regulated national market or must navigate 50 different state regulatory regimes.
The 2026 World Cup has thrown this unresolved question into sharp relief, with billions of dollars flowing through a regulatory vacuum while courts, Congress, and international regulators race to catch up.