NewsCryptoWashington Judge Orders Kalshi to Block Most State Bets, Two Days After CFTC Moved to Keep It Trading

Washington Judge Orders Kalshi to Block Most State Bets, Two Days After CFTC Moved to Keep It Trading

Author: Decrypt·

Key Takeaways

  • The court barred Kalshi from offering, accepting or facilitating wagers on several categories, including sports, elections, politics, entertainment, culture, tech and science.
  • Washington also prohibited Kalshi from advertising the covered contracts in the state, calling the marketing unfair or deceptive.
  • Kalshi must implement an IP and residency-based geofence by Aug. 19 and a multi-source geofencing system by Sept. 2 unless a higher court intervenes.
  • The ruling follows a preliminary injunction issued in July and builds on the judge’s earlier finding that Washington consumers were likely to suffer substantial injury without relief.
  • The case is part of a wider dispute between state authorities and the CFTC over whether prediction market event contracts are gambling or federally regulated derivatives.
Washington Judge Orders Kalshi to Block Most State Bets, Two Days After CFTC Moved to Keep It Trading

A King County Superior Court judge has issued a final order requiring Kalshi to shut down most of its Washington business, after finding that the exchange likely broke the state's Gambling Act and Consumer Protection Act by running an illegal gambling operation, the state attorney general's office said on Thursday.

The order bars Kalshi from offering, accepting or facilitating wagers on sports, elections, politics, entertainment, culture, tech and science, as well as on "mentions" — contracts in which users bet on whether a public figure will say particular words. The court also prohibited the exchange from advertising the covered contracts in Washington, ruling that its marketing of illegal gambling amounted to "unfair and/or deceptive acts or practices."

Kalshi must have an IP address and residency-based geofence in place by August 19 and a multi-source geofencing system running by September 2 — the same state-by-state blocking approach that licensed U.S. sportsbooks already use to keep their products out of states where they are not legal. The attorney general's office said the covered categories account for a substantial part of a business "increasingly driven" by sports.

Attorney General Nick Brown said Kalshi had "gotten rich promoting wagers on sports, elections, natural disasters" and events tied to the Iran war, adding that his office would keep holding the exchange to account.

The state's complaint cites a Kalshi promotional tweet in which a person texts a friend to say they had "found a way to bet on the NFL even though we live in Washington" — wording the attorney general's office argues shows the company knew it was working around state law.

States versus CFTC

The ruling arrives two days after the Commodity Futures Trading Commission — which regulates Kalshi as a designated contract market — invoked emergency authority to order Kalshi to keep trading in line with the Commodity Exchange Act's core principles, acting on the exchange's own notification of a market emergency after New York sued it.

The two governments disagree on the fundamental question. The federal regulator's position is that event contracts are interstate derivatives beyond the reach of state gaming law, while Washington's is that each Kalshi bet stakes money on a contingent event and therefore meets the statutory definition of gambling. The stakes reach beyond one exchange: Robinhood and Crypto.com have also rolled out event contracts to U.S. users, so the outcome of the overlapping federal and state cases carries significance for the entire product category.

The agency has sued nine states over the question, beginning with Illinois, Arizona and Connecticut and continuing through Wisconsin and Minnesota, which it sued within hours of that state's ban taking effect. President Donald Trump has backed the agency, calling state officials who oppose prediction markets "SCUM."

Kalshi has had less success in court than its federal ally. Thursday's order builds on a preliminary injunction granted in July, in which the judge found that "substantial injury to Washington consumers" was likely without one. The Washington Court of Appeals subsequently refused Kalshi's request to stay the injunction. The final order can still be appealed, but unless a higher court steps in, the August and September geofencing deadlines will bind.