US Government Sues Illinois Over Prediction Market Regulations

The US government has taken legal action against Illinois for attempting to regulate the rapidly growing online prediction market industry. The lawsuit, filed in Chicago federal court, claims that Illinois' efforts to shut down so-called designated contract markets regulated by the Commodity Futures Trading Commission (CFTC) are unlawful.

Online prediction markets allow users to bet on a wide range of events, from Oscar winners to military conflicts. These platforms classify their offerings as 'event derivatives,' which fall under federal commodities law and are overseen by the CFTC. This classification allows them to operate in all 50 states for users 18 and older.

Illinois introduced legislation earlier this year that would impose strict regulations on prediction markets, including an effective ban on sports-related trades, advertising restrictions, and age verification measures. The CFTC argues that this legislation intrudes on its exclusive authority to regulate national swaps markets.

The lawsuit is the first by the CFTC to block state gaming regulators from policing operators of prediction markets. It cites cease-and-desist letters sent by the Illinois gaming board to companies like Kalshi, Polymarket, and Crypto.com, alleging violations of Illinois gambling laws.

The federal lawsuit names Illinois Governor JB Pritzker and Illinois Attorney General Kwame Raoul as defendants. The case highlights the ongoing debate over the regulation of prediction markets, with some arguing they are essentially gambling operations and others seeing them as federally regulated financial exchanges.

Congress is also considering federal measures to regulate prediction markets, including a bipartisan bill introduced by US senators that would ban federally regulated platforms from allowing wagers on sporting events.