The CFTC invokes emergency authority to keep Kalshi trading amid New York's lawsuit
The CFTC used emergency authority under the Commodity Exchange Act to order Kalshi to keep operating, as New York Attorney General Letitia James pursues a $36 billion lawsuit accusing the prediction market platform of running an illegal gambling business.
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The Commodity Futures Trading Commission (@CFTC) has invoked emergency authority to keep prediction market platform @Kalshi operating, after the exchange notified the regulator of a market emergency. The order directs Kalshi to continue functioning under the core principles of the Commodity Exchange Act.
New York's $36 Billion Lawsuit
The move comes in direct response to a lawsuit filed by New York Attorney General Letitia James on July 31. James sued Kalshi in state Supreme Court in Manhattan, alleging the prediction market operator has run an unlicensed sports betting business in New York and asking a judge for an injunction, disgorgement of the company's gains, and penalties the state estimates at a minimum of $36 billion. The $36 billion figure includes three times the company's gains, plus $100,000 for every sports market offered on the platform in the state.
James's lawsuit asked a judge to bar Kalshi from operating within the state by offering contracts relating to sports, culture, elections, and other events without required licenses. Kalshi maintains that its contracts are federally regulated financial derivatives listed on a CFTC-regulated exchange, rather than gambling products. The company called the lawsuit "political theater" and warned that forcing it out of New York would push customers toward offshore, unregulated platforms.
A Wider Federal-State Battle
Hours after James filed her suit, the CFTC filed its own federal action seeking to stop New York from enforcing the case, arguing Congress gave the agency exclusive authority over event contracts traded on the exchanges it licenses. The @CFTC has also filed suits against nine other states over the same issue, making this one of the broadest federal-state clashes over financial regulation in recent years.
Judge Jed S. Rakoff denied without prejudice the CFTC's emergency request for a temporary restraining order that would have paused New York's enforcement action, writing that the agency had not shown a high likelihood of success on the merits or a likelihood of irreparable harm. The CFTC's emergency authority order directing Kalshi to keep trading represents its latest escalation in defending federal jurisdiction over the platform.
The core legal question is whether Kalshi's event contracts count as financial products regulated by the CFTC or as gambling products that fall under state licensing, taxation, and consumer-protection law. The outcome of this dispute could set a precedent for the regulation of prediction markets across the country.
Sources:
CNBC: New York sues Kalshi, says prediction market is running illegal gambling operation
Crypto Times: Federal Judge Rejects CFTC Bid to Block New York's Kalshi Case
Community News: New York Sues Kalshi Over Sports Event Contracts
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Crypto RichRich has been researching cryptocurrency and blockchain technology for eight years and has served as a senior analyst at BSCN since its founding in 2020. He focuses on fundamental analysis of early-stage crypto projects and tokens and has published in-depth research reports on over 200 emerging protocols. Rich also writes about broader technology and scientific trends and maintains active involvement in the crypto community through X/Twitter Spaces, and leading industry events.