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Legal Fronts In Operating Sports Prediction Markets

By Andrew Kim and John Servidio
April 30, 2025

The recent boom in prediction markets has threatened to disrupt the multi-billion-dollar sports wagering industry, with prediction market operators claiming the ability to offer their platforms nationwide without the legal obstacles that bog down online gaming and gambling. In March 2025, for example, prediction market operators saw hundreds of millions of dollars in trading volume for sports-related event contracts. State gambling regulators have begun asserting jurisdiction over these platforms, arguing that event contracts are really “pools,” “bets,” or “wagers” on sporting events, all of which require a sports wagering license issued by a state gaming regulator.

At least six states — Illinois, Maryland, Montana, Nevada, New Jersey, and Ohio — have issued cease-and-desist letters directing prediction markets to stop offering their services, and other state regulators are reportedly investigating prediction markets, too.

On its website, prediction market operator KalshiEX defines a “prediction market” as “a trading platform where participants buy and sell contracts based on the projected outcomes of specific events. Participants can wager on diverse topics such as economics, pop culture, politics, technology and even the weather.”

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