CFTC Proposes Rules for Sports Prediction Markets

The Commodity Futures Trading Commission (CFTC) has released a 267-page proposal outlining new rules for sports prediction markets, potentially allowing platforms like Kalshi and Polymarket to legally offer sports betting contracts.

The proposed regulations, published on June 10, seek to establish a clearer legal framework for these emerging markets. However, the document has raised concerns among legal experts and responsible gambling advocates about the risks posed to players, particularly younger adults.

At the SBC Summit Americas in Fort Lauderdale, a panel titled “Prediction Markets: A Question of Compliance and Integrity” discussed the implications of the CFTC’s proposal. Daniel Wallach of Wallach Legal emphasized that the rules are still in draft form and predicted that states and tribal authorities will likely challenge them once finalized.

One major concern is the absence of consumer protections, especially regarding marketing practices. Jessica Welman, a responsible gambling advocate with Doura-Schwohl Consulting, highlighted that the proposal does not address how these platforms are promoted on social media to young people. These prediction markets often frame their contracts as investment opportunities rather than gambling products, which could mislead 18- to 20-year-olds who are legally restricted from many forms of betting but may not be subject to age verification or responsible gambling safeguards.

Wallach stated, “These 18- to 20-year-olds don’t receive one iota of the responsible-gambling protocols and protections enshrined in the laws of at least 35 states.” This regulatory gap raises concerns about exposing vulnerable groups to gambling harms without the usual consumer protections found in regulated gaming.

The panel also addressed the potential for market manipulation. Jeff Bell, President and COO of Eventus, explained that insider trading in prediction markets differs from traditional equities, making detection and enforcement more complex. For example, contracts based on public events or statements could be exploited by individuals with insider knowledge or influence, threatening market integrity.

Bell acknowledged that the CFTC’s proposed rules provide much-needed clarity for operators. “We’ve been asking for and needing regulation in this area, so the rules of the road are clearer,” he said, while noting that the regulations do not yet go far enough to fully address all concerns.

For players and bettors, these developments suggest that sports prediction markets may become more widely available under federal oversight. However, the lack of robust consumer protections and responsible gambling measures, particularly for younger adults, means players should exercise caution. These markets may not offer the same safeguards as traditional regulated sports betting platforms.

The regulatory process includes a 45-day comment period during which states, tribes, and consumer advocates can provide feedback. This input could influence how final rules address marketing practices, age restrictions, and player safety.

Meanwhile, the Indian Gaming Association has publicly criticized the CFTC’s proposal, calling it dismissive of tribal and state regulatory authority. The Nevada Gaming Control Board has also taken legal action against Kalshi for allegedly operating sports betting without proper authorization, highlighting ongoing tensions around regulation and enforcement. More details on these developments can be found in CDC Gaming’s coverage of Indian Gaming Association’s response and the Nevada Gaming Control Board’s legal actions.

Players interested in staying informed about sports betting regulations and consumer protections can visit our Betting section and the USA gambling news page for the latest updates.

Source: CDC Gaming.

Mark Reed