Brifing

$3.9B in sports contracts traded by under-21s exposes legal loophole

Kalshi's prediction markets face scrutiny as young users access sports betting.

Fortune | FORTUNE2 min

1Billions in youth trading

On Kalshi, the largest US prediction market, users aged 18-21 traded $5.4B this year, with $3.9B in sports-related contracts. While most states prohibit sports gambling under age 21, Kalshi permits 18+ users by operating as a CFTC-regulated financial market. This regulatory gap allows young adults to effectively bet on sports outcomes through event contracts.

2Legal status controversy

New York State sued Kalshi, alleging it operates an unlicensed gambling platform. Kalshi argues it's merely a neutral marketplace matching users on opposite sides of financial contracts. Unlike sportsbooks, the platform doesn't set odds or act as counterparty. However, its yes/no contracts on sports outcomes functionally resemble bets, sparking legal challenges across multiple states.

3Parlay-like combo contracts

Kalshi offers combo contracts where users predict multiple events, getting paid only if all predictions prove correct - similar to parlay bets. Stop Predatory Gambling's Les Bernal warns these gamified features target impressionable youth, creating addiction risks. Research shows prediction markets' continuous event streams may weaken impulse control, fostering compulsive use patterns in vulnerable individuals.

4Scientific warnings

An April study in Science warned commercial prediction markets' design creates behavioral addiction risks. Their architecture eliminates natural stopping points through infinite event streams while maximizing trading volume over accuracy. As rewards diminish, neuroadaptation may drive compulsive use. Researchers note parallels between these mechanisms and problematic gambling behaviors.

5State pushback

44 state attorneys general argued CFTC's proposed prediction market rules overreach into states' gambling regulation authority. The 9th Circuit upheld Nevada's right to apply gaming laws to Kalshi's sports contracts, effectively blocking them unless compliant. These developments signal growing resistance to prediction markets operating outside traditional gambling frameworks.

6Age restriction efforts

Kalshi opposed a Connecticut bill to raise the prediction market minimum age to 21, testifying it operates a neutral, collateralized marketplace without profiting from losses. The bill failed, maintaining 18+ access. The company emphasizes under-21s represent just 3.14% of volume, though their multi-billion activity indicates significant youth engagement with sports-related contracts.

7Beyond sports betting

While sports contracts dominate youth trading, Kalshi also offers predictions on elections, climate events and more. This diversity complicates regulatory categorization - are users speculating or gambling? The platform maintains all contracts are financial instruments, but critics argue sports outcomes particularly blur this distinction, warranting stricter oversight.

8Regulatory uncertainty

Prediction markets currently navigate a gray area between financial innovation and gambling regulation. While leveraging CFTC oversight has allowed operations in many states, increasing legal challenges suggest this approach may face limitations. The Nevada ruling could inspire similar state actions, potentially forcing platforms to either comply with gaming laws or exit sports contracts entirely.

Original article: Fortune | FORTUNE — 18 yaşındakilerin 3.9 milyar dolarlık spor bahisleri yasal boşluğu