More States Coming Out Against Prediction Markets
Tennessee is the latest in a long line of states taking action against sports prediction markets. Illinois, Maryland, Montana, New Jersey, and Ohio have all sent cease and desist letters demanding that these markets shut down.
Michigan and Massachusetts have launched investigations into these markets, but decided against ordering them to shut down. With the legal status remaining murky, the two states hope to avoid a costly legal battle with operators.
Do States Have the Authority to Shut Markets Down?
The most significant question around sports prediction markets is who has the power to determine their legality. Several states have taken action, believing that they should have the right to ban these operators. States have control over their own sports betting markets, which would include sports prediction markets.
The bad news for states is that a Nevada judge recently ruled that only the CFTC can order prediction market operators to shut down. Prediction market operators are considered trading markets because customers are betting against the market and not the house. While lawsuits in other states are still being reviewed, the Nevada ruling is an ominous sign.
What Will the CFTC Do?
New leadership within the CFTC has been favorable toward sports prediction markets. They even assisted Robinhood in launching their March Madness prediction market, which caused the pushback. However, the regulator has not made any official ruling.
While the CFTC seems to approve of sports prediction markets, that could change. With so many states responding aggressively against these markets, there could be political fallout if the CFTC overrules them. With more states likely to join the battle against these operators, the opposition could be too strong for the CFTC to go against.