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New York Takes Legal Action Against Kalshi

New York has labelled prediction markets as illegal gambling. If a penalty is imposed, Kalshi could face a fine of up to $36 billion.

News August 3, 2026
New York Takes Legal Action Against Kalshi

New York State has filed a lawsuit against the prediction platform Kalshi, accusing the company of operating an unlicensed gambling enterprise. The Attorney General’s Office claims that market outcomes depend more on chance than skill, which would place Kalshi outside the scope of state gaming law.

Although the lawsuit does not seek a shutdown, a favourable ruling could severely constrain Kalshi’s operations statewide. State documents suggest that the potential financial exposure is significant, with penalties estimated to reach $36 billion.

Kalshi maintains that its event contracts are federally regulated derivatives, falling beyond the reach of state-level gambling statutes. “States can’t just shut down a federally licensed exchange,” a company spokesperson responded, adding that restricting access would drive New York users towards offshore platforms.

The complaint specifically targets wagers involving New York college teams and underage betting. New York’s governor backed the action, stating that all operators must adhere to the same consumer protection rules. Meanwhile, the Commodity Futures Trading Commission has applied for a restraining order, asserting its exclusive federal oversight of prediction markets.

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