
New York has sued Polymarket for unlicensed gambling via event contracts, citing consumer protection and tax losses. The firm countersued in federal court, claiming CFTC regulation preempts state gambling laws. The dispute mirrors the Kalshi case and CFTC actions against New York.
SCCG Take — This litigation exposes unresolved federal-state tensions that elevate compliance risk for prediction market operators. Courts must clarify preemption to enable stable national expansion.
New York Attorney General Letitia James and Governor Kathy Hochul have filed suit against QCX LLC, doing business as Polymarket US, for allegedly operating an unlicensed gambling business. The company responded the same day with a federal lawsuit asserting that its CFTC-regulated prediction markets cannot be governed by state gambling statutes. This exchange, as reported by World Casino News, follows a parallel July action against Kalshi and forms part of wider friction between state enforcers and the Commodity Futures Trading Commission.
The state complaint maintains that Polymarket’s event contracts satisfy the legal definition of gambling because users stake money on uncertain outcomes beyond their control. Officials contend the platform functions as sports wagering without a license from the New York State Gaming Commission, thereby dodging taxation that supports public education, youth sports, and problem gambling programs. James stated that the company targets vulnerable users and deprives families of critical services. Hochul added that the operation puts New Yorkers at risk, especially those underage.
State law sets the mobile sports betting minimum at 21 years old, yet the suit notes Polymarket accepts participants aged 18 to 20. Remedies sought include an injunction halting operations, forfeiture of illegal gains, consumer restitution, damages equal to three times alleged revenue, and a $100,000 penalty for each offer or attempt to offer sports wagering. The action references research linking early gambling exposure to mental health and financial harm.
Polymarket moved to transfer the state case to federal court and filed separately against James and the New York State Gaming Commission. Its complaint argues that Congress has barred states from enforcing gambling laws against federally regulated derivatives exchanges. The filing describes the state position as an erroneous theory that mischaracterizes CFTC-supervised event-contract trading.
Neal Kumar, Polymarket Chief Legal Officer, stated: “Polymarket was founded in a tiny NYC apartment and now has more than 350 employees here, embodying why people and businesses come here to make it. We believe in New York and we’re staying here. While the AG’s decision to copy/paste a recycled lawsuit is disappointing, we’ll fight for our users.” The company launched its U.S. platform in December 2025 after departing the market in 2022 and maintains a separate offshore business founded in 2020.
The competing suits test the boundary between state gambling authority and federal derivatives oversight. Resolution will determine whether operators face fragmented licensing demands or uniform federal rules across jurisdictions. Platforms and investors should track the docket, as precedent here will shape compliance costs and market entry strategies for prediction products nationwide.
Reporting: World Casino News
Generated by SCCG’s automated editorial system from published source reporting. SCCG Management holds editorial responsibility.
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