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Legislation Prediction markets Hearing concluded

Is a Kalshi sports contract a bet? Congress takes up the question

A House subcommittee heard testimony on Tuesday over the two questions that have shadowed sports prediction markets as they boomed: are event contracts tied to games really sports wagers, and should federal regulators be the ones policing them?

Update · after the hearing

The subcommittee took no action, and its chairman signaled the fight is only beginning. Rep. Dusty Johnson (R-SD), who chairs the panel, closed by saying Congress "should not be silent" and has an obligation to find common ground between the two camps, and he made clear more hearings are coming. His stated takeaways: the CFTC has real work to do, and while witnesses broadly agreed on the shared goals of market integrity and consumer protection, the open question is whether the tools to guarantee them actually exist. The most striking area of agreement was aimed at the regulator itself. Witnesses, including the two former CFTC counsels, described it as extraordinary and unprecedented that the CFTC had directly ordered Kalshi to defy a Michigan court ruling telling the platform to void its sports contracts in that state, a move one observer called a flex. No legislation emerged; the takeaway was that Congress intends to keep looking at this.

The fastest-growing corner of American sports betting is not a sportsbook at all, at least not on paper. It is the prediction market, where platforms like Kalshi and Polymarket let people trade yes-or-no contracts on sporting outcomes as federally regulated financial products rather than state-licensed bets. On Tuesday, July 21, the House Agriculture Committee's subcommittee that oversees the Commodity Futures Trading Commission took the fight over that distinction into a hearing room, in a session focused on customer protection and market integrity. The reporting that follows draws on a preview by Barron's, post-hearing coverage, and the publicly posted hearing materials.

Two questions sit underneath everything. First, should an event contract tied to a game be treated as a sports wager? Second, should the CFTC, a federal derivatives regulator, be the agency in charge of it, rather than the state and tribal regulators who oversee sportsbooks? How Congress and the courts answer those questions will shape whether sports betting in the US stays a state-by-state system or gains a parallel, nationwide federal lane.

The case for calling them bets

The gambling industry's own lobby came to argue that these contracts are betting by another name. Chris Cylke, a lobbyist for the American Gaming Association, submitted written testimony taking the position that sports event contracts amount to sports bets and should be regulated as such. The AGA's complaint, aired earlier at a May Senate hearing, is that federally regulated contracts skip the guardrails sportsbooks live under: they are not bound by responsible-gambling rules, they do not generate state tax revenue, and in states like Florida where a tribe holds a sports betting monopoly, they may cut across tribal exclusivity. David Bean, chairman of the Indian Gaming Association and a witness at the hearing, pressed the tribal-sovereignty point.

Consumer protection is the sharpest edge of that argument. Sportsbooks are required to offer measures like self-exclusion, a way for problem gamblers to cut themselves off; prediction markets, the AGA says, are not. Because those platforms operate nationwide and generally serve anyone 18 or older, the practical effect is sports wagering available across the country with a lighter protective framework, at a moment when the spread of betting has been linked to rising gambling addiction. Cylke's testimony also argued that the contracts carry the same integrity risks as sports bets without the same integrity-monitoring obligations.

The case for federal oversight

The other side of the room disputed the premise that prediction markets are unwatched. Asaf Meir, chief executive of Solidus Labs, which builds integrity-monitoring systems for platforms including Kalshi, rejected the idea that CFTC-licensed venues lack guardrails, noting that the country's largest financial institutions monitor trillions in trades a day. He went further, arguing the surveillance running on prediction markets is, in his word, "superior" to what sportsbooks use, because it fuses data feeds that betting-side monitoring tends to keep siloed. Meir said that in the second quarter of 2026 alone, Solidus flagged 120,000 alerts to one client, of which 400 became investigations and about two dozen were referred to the CFTC.

Notably, no prediction-market companies testified in person. Their defense fell instead to former CFTC lawyers now in private practice, including one-time general counsel Robert Schwartz and Carl Kennedy, who defended both the agency's authority to regulate sports event contracts and its capacity to do so. That capacity question is live: Barron's reported in February that the CFTC's storied Chicago office had no enforcement attorneys left. Kennedy, who was special counsel to a CFTC commissioner during the drafting of the 2010 Dodd-Frank swaps rules, argued the commission has a long history of stretching its surveillance and legal authority to cover new asset classes. The markets and the CFTC now contend that sports event contracts are swaps, a claim former CFTC chair Gary Gensler has said goes beyond what Dodd-Frank intended.

Why the stakes are this high

The money explains the urgency. Kalshi, the largest US prediction market, said it added three million users in the past month, and its market on the World Cup winner generated a record $1.9 billion in trading volume, more than double what its Super Bowl market did this year. Sports contracts have become a primary revenue and customer-acquisition engine for these platforms, which is exactly why the established gaming industry wants them reclassified and the platforms want to keep their federal footing.

None of Tuesday's testimony settles it. Lawsuits pitting prediction markets against the CFTC and against state regulators are grinding through courts around the country and moving, slowly, toward a Supreme Court that will have the final word on whether a contract on a ballgame is a financial instrument or a bet. As Barron's dryly noted, it is one of the few outcomes the prediction markets have not tried to offer a market on.

Our take

This is the most consequential structural fight in US sports betting right now, and Tuesday's hearing did not resolve it, which was never really the point. No bill emerged, the chairman promised more hearings, and the strongest signal was simply that Congress now wants a role. The venue that will actually settle the core question, whether a sports event contract is a swap, is the courts, and eventually the Supreme Court. Everything else, the tax argument, the tribal-exclusivity argument, the responsible-gambling argument, is real and important, but it is downstream of that classification.

The most telling moment was the one nobody scripted: broad agreement, across witnesses who otherwise disagree on everything, that the CFTC ordering Kalshi to ignore a court in Michigan was a genuinely extraordinary step. That is the kind of detail that tends to focus congressional attention, because it is less about the philosophy of prediction markets and more about a federal agency's raw use of power. If this hearing pushes anything forward, watch that thread.

For bettors, the honest read is that both sides have a point. The consumer-protection gap is genuine: a federally regulated contract does not carry the self-exclusion and responsible-gambling scaffolding that state sportsbooks are required to build, and 18-plus nationwide access is a meaningful change from the state-by-state, 21-plus model. At the same time, the claim that prediction markets are a surveillance free-for-all is overstated; the monitoring is real and, by at least one vendor's account, sophisticated. We have covered this collision as it built, from the state pushback to Kalshi's World Cup surge, and we will update this page as the hearing record and the litigation develop. None of it is settled, and we will not pretend otherwise.