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CFTC sues to block Utah from enforcing gambling laws against prediction markets

The agency says federal law preempts Utah’s efforts to police prediction-market contracts and seeks to block state investigations and enforcement.

  • On Tuesday, Oct. 27, the Commodity Futures Trading Commission sued Utah to stop state authorities from enforcing local laws against federally registered exchanges, arguing the Commodity Exchange Act grants the Commission exclusive regulatory authority.
  • Utah sued Kalshi and Susquehanna on Oct. 20, seeking between $30.6 million and $61.2 million in allegedly unlawful fees, following an August ruling where District Judge Robert Shelby granted summary judgment to the state.
  • The federal complaint invokes the Constitution's Supremacy Clause, arguing that allowing states to regulate the same contracts would expose exchanges to "the prospect of 50 regulators across the country," and the Commission confirmed similar proceedings against nine other states.
  • On Oct. 26, the NBA named Kalshi and Polymarket its preferred prediction-market exchanges, while Kalshi spokesperson Jacki McGavick disputed Utah's characterization, stating customers determine prices through the exchange rather than gambling.
  • Legal uncertainty persists as the Tenth Circuit denied Kalshi's emergency injunction request on Sep. 8, and Utah's attorney general noted the underlying appeal remained pending when announcing the October state-court action.
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DeFi Rate broke the news on Tuesday, October 27, 2026.
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