Prediction markets have added a federal dimension to a business traditionally regulated by individual states.
Platforms offering sports event contracts operate under Commodity Futures Trading Commission oversight. State regulators and the licensed gaming industry argue that these products can resemble conventional wagers while avoiding state licensing, gaming taxes and consumer-protection requirements.
The distinction is no longer simply a contest between sportsbooks and outside challengers. DraftKings, FanDuel and Fanatics have developed prediction-market products of their own. DraftKings’ 2025 annual report, for example, confirms that DraftKings Predictions launched in December 2025 under CFTC oversight.
Major operators therefore have interests in both systems. Their established betting businesses benefit from state licensing regimes, while prediction products may offer broader access through a federal framework.
That balance remains uncertain. As Ace Alliance previously reported, 41 state Attorneys General have urged the CFTC to preserve state authority over sports-related prediction markets.
Recent cases involving Kalshi have increased the uncertainty. New York filed a lawsuit on 31 July alleging that the platform was operating an unlicensed gambling business. A federal judge has also allowed Utah to enforce its gambling laws against Kalshi’s sports event contracts while litigation continues.
Those proceedings concern Kalshi rather than the operators funding Win for America, and they do not determine how other prediction products will be treated. They nevertheless show why federal policy and state enforcement now matter simultaneously to the betting sector.