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Are sports prediction markets betting or investing? Two new Robinhood lawsuits could define how they are regulated going forward 

Leo Schwartz
By
Leo Schwartz
Leo Schwartz
Senior Writer
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Leo Schwartz
By
Leo Schwartz
Leo Schwartz
Senior Writer
Down Arrow Button Icon
August 25, 2025, 6:39 AM ET
Vlad Tenev, CEO of the online brokerage Robinhood
Vlad Tenev, CEO of the online brokerage RobinhoodSpencer Platt—Getty Images

We may be four years removed from the meme stock mania of the pandemic, but the line between investing and gambling has never been more blurred. This time around, the culprit isn’t stocks like GameStop or even crypto sh*tcoins like the beloved Fartcoin, but prediction markets. 

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Those carefully tracking the presidential odds of the 2024 election might have thought that Polymarket and Kalshi would recede into the shadows after November, ready to emerge again in four years like a cash-crazed groundhog. And to some degree, they would have been right—app downloads have plummeted for both platforms. But as the offshore Polymarket plots its re-entry into the U.S. under (ahem) more favorable regulatory conditions, Kalshi is trying to rewrite regulations altogether. 

Sequoia-backed Kalshi triumphed in its first battle last fall when it won a court case against its regulator, the Commodity Futures Trading Commission, that allowed the platform to offer political-based event contracts. Kalshi argued the instruments were no different than any other type of future. Traders are allowed to hedge against price swings in commodities like oil and wheat. Why not elections? 

After November, emboldened by its victory and in search of new markets, Kalshi took an even bolder step—it launched sports-based event contracts nationwide. Users could buy stakes in the outcome of NFL or NBA games, though Kalshi was sure to make clear that this wasn’t sports betting, which the CFTC prohibits and is left to the states. This was investing, Kalshi argued. 

Not everyone agreed. After expanding its burgeoning sports business through a partnership with Robinhood, the two platforms received cease-and-desist letters from the New Jersey and Nevada governments, who weren’t amused by the semantic argument. But last week, Robinhood fought back, suing both states to argue that users should have access to its sports contracts. 

The argument is a fascinating one (and, it should go without saying, steeped in language about “democratizing finance.”) The difference boils down to who sets the prices: users or the sportsbooks themselves. Kalshi operates like a traditional financial market, with the cost of contracts dictated by customers entering and exiting positions. Sportsbooks, in contrast, have their lines set by the “house,” and customers cannot exit their positions. In other words, sports-based contracts are no different than commodity futures and swaps, while sportsbooks are, well, gambling. 

Robinhood’s lawyers haven’t swayed everyone. On Wednesday, the day after Robinhood filed its lawsuits, the Wisconsin Ho-Chunk Nation fired off one of its own, seeking to block Robinhood from offering the product on its land. They argued that because of Robinhood and Kalshi’s new offering, 18-year-old high school students could place bets on their phones on the outcome of “virtually every sporting event occurring across the globe,” and without any regulatory input by states or Indian tribes. “Kalshi, no surprise, does not call its sports betting offerings sports gambling,” they added. 

The mounting legal showdown will shape and stretch the bounds of investing. Just look at the new partnership between the financial giant CME Group and the sports betting platform FanDuel, also announced last week, to offer their own event contracts. The financial regulatory approach of the Trump administration has been to endow Americans with the inalienable right to lose their money however they want, with little interference. But as Bloomberg detailed in a terrific piece last week, the CFTC—which is increasingly tasked with overseeing these new products—is in turmoil as Trump’s nominee (and Kalshi board member) is stuck in limbo. Sadly, there isn’t a betting market on whether he’ll be confirmed.

Leo Schwartz
X:
@leomschwartz
Email:leo.schwartz@fortune.com

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About the Author
Leo Schwartz
By Leo SchwartzSenior Writer
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Leo Schwartz is a senior writer at Fortune covering fintech, crypto, venture capital, and financial regulation.

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