U.S. Prediction Market Giant Kalshi Faces Major Regulatory Crackdown
On February 17, 2026, the Nevada Gaming Control Board and the state Attorney General officially filed a civil lawsuit in Carson City District Court against Kalshi, alleging that the sports event contracts offered on its platform essentially constitute unlicensed sports betting, violating Nevada’s strict gaming laws. This case highlights intense conflicts between federal regulators and state governments over the boundaries of new financial derivatives versus traditional gambling, and could influence the future development of prediction markets across the U.S.
Nevada, renowned globally for its gambling industry centered in Las Vegas, has long maintained strict control over gaming activities. The state pointed out that Kalshi has rapidly expanded in recent years, especially on Super Bowl day 2026, when trading volume surged to 27 times that of the previous year, with total bets exceeding one billion dollars, over 90% of which related to sports events. In contrast, legal and regulated Nevada gambling operators saw business decline. State authorities believe Kalshi bypasses state licensing, capturing local market share and posing risks to the public.
Earlier this month, the state warned Kalshi in a letter to “cease significant expansion of operations rather than maintaining the status quo.” After the Ninth Circuit Court of Appeals rejected Kalshi’s emergency motion for a preliminary injunction, the state immediately filed suit, seeking a court order to prohibit Kalshi from offering these contracts in Nevada, which are viewed as illegal gambling.
However, Kalshi asserts that its products are “event contracts” regulated by the U.S. Commodity Futures Trading Commission (CFTC), classified as financial derivatives rather than traditional gambling. The company swiftly filed a motion in federal court to take over the case, arguing that only federal law applies and that the dispute over enforcement involves issues already under review by the federal courts.
CFTC Chair Michael Selig publicly supported Kalshi on the same day, releasing a video emphasizing: “The CFTC is taking important steps to ensure these markets have a foothold in the U.S. We will see you in court if challenged.”
This case is not isolated. Kalshi and similar platforms like Polymarket have faced similar challenges in states such as New York, New Jersey, Maryland, and Massachusetts, where regulators often view these prediction markets as essentially circumventing state gambling licenses. Meanwhile, traditional sports betting giants like FanDuel and DraftKings have launched their own prediction markets, seeking to leverage lighter federal regulation and tax advantages.
Experts predict that these disputes may eventually be appealed to the U.S. Supreme Court to determine the legal status of sports event contracts. If Kalshi wins, it would reinforce federal primacy, allowing prediction markets to operate more broadly; if not, platforms may be forced to restrict or shut down sports-related offerings in multiple states.
Overall, Kalshi’s lawsuit in Nevada is more than a single company versus state conflict; it exemplifies the collision between innovative digital financial tools and traditional gambling regulation in the digital age. The outcome of this case will profoundly impact the space for prediction market innovation, investor participation, and the competitive landscape of the U.S. gambling industry.
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