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The complaint argues that Kalshi violates the state’s Gambling Act and Consumer Protection Act, the Washington State Office of the Attorney General said in a Friday press release.
It seeks to halt the alleged unlawful activities, recover money lost by the state’s residents, and assess civil penalties, according to the release.
Washington State Attorney General Nick Brown said in the release that Kalshi allows people to bet on elections, Supreme Court cases, wars and “almost everything possible in life.”
“For Kalshi, every event, every tragedy is nothing more than a potential way for Americans to risk their fortunes and for Kalshi to get rich,” Brown said. “As they advance this bleak vision of the future, they line their pockets and pat themselves on the back for sneaking around Washington’s gambling laws. No more.”
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Kalshi did not immediately reply to PYMNTS’ request for comment.
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In another, separate case, the company is facing criminal charges in Arizona.
Arizona Attorney General Kris Mayes announced March 17 that she filed criminal charges alleging that the companies behind Kalshi violated Arizona laws that prohibit operating an unlicensed wagering business and that ban betting on elections.
Reached by PYMNTS at the time, Kalshi said in an emailed statement that Arizona’s charges are meritless and that the company will fight them in court.
“These state-court charges are seriously flawed. It’s gamesmanship,” the company said. “Four days after Kalshi filed suit in federal court, these charges were filed to circumvent federal court and short-circuit the normal judicial process. They attempt to prevent federal courts from evaluating the case based on the merits — whether Kalshi is subject to exclusive federal jurisdiction.”
It was reported in February that the U.S. Commodity Futures Trading Commission (CFTC) is making the case that the authority to oversee prediction markets lies with it. The regulator filed an amicus brief in federal court defending its right to enforce prediction markets rather than individual states.
In a third case, it was reported March 20 that a Nevada judge temporarily barred Kalshi from offering event contracts for sports, election and entertainment in Nevada. In that state, the company is fighting a case in which the Nevada Gaming Control Board contends that prediction markets that facilitate unlicensed gambling are illegal in the state.

Facts Only

Actors: Washington State Attorney General Nick Brown, Arizona Attorney General Kris Mayes, U.S. Commodity Futures Trading Commission (CFTC), Kalshi
Actions: Filed complaint, filed criminal charges, made assertions about authority, temporarily barred from operation
Events: Violations of state laws, alleged unlawful activities
Timeline: Ongoing as of March 2023
Locations: Washington State, Arizona, Nevada
Institutions: Office of the Attorney General (Washington), Arizona courts, U.S. Commodity Futures Trading Commission, Nevada court

Executive Summary

In this report, the Washington State Attorney General's Office has filed a complaint against Kalshi, alleging violations of the state's Gambling Act and Consumer Protection Act. The complaint aims to halt the alleged unlawful activities, recover money lost by residents, and assess civil penalties. Arizona Attorney General Kris Mayes has also filed criminal charges against Kalshi for similar reasons. The U.S. Commodity Futures Trading Commission (CFTC) is asserting that it holds the authority to oversee prediction markets, while a Nevada judge has temporarily barred Kalshi from offering event contracts in that state.

Full Take

Steelman: The complaint filed by the Washington and Arizona Attorneys General alleges that Kalshi operates in violation of state gambling laws, engages in activities detrimental to consumers, and should be held accountable for these actions.
Patterns detected: ARC-0024 Ambiguity (The article does not explicitly state whether the CFTC's assertion about its authority over prediction markets has been tested or upheld), ARC-0043 Motte-and-Bailey (The CFTC asserts exclusive federal jurisdiction over prediction markets, but individual states are still taking action against Kalshi).
Root cause: The existence of prediction markets that allow betting on a wide range of events, including elections and wars, raises questions about the regulation of such activities and the balance between consumer protection and freedom of choice.
Implications: This situation highlights the need for clear regulations regarding prediction markets to protect consumers and ensure fair practices. It also brings attention to the ongoing debate over federal versus state jurisdiction in regulating these markets.
Bridge Questions: What are the potential implications for other companies operating in similar markets? How can regulatory bodies best balance consumer protection with freedom of choice in these circumstances? What role should federal and state governments play in the regulation of prediction markets?