Skip to content
iGaming Times

Choose your emails

Which emails would you like?

Independent industry intelligence in your inbox. We will email you a link to confirm the emails you ticked, and every email carries a one-click unsubscribe link. Each list can be left on its own.

Lesson 6 of 6 · 16 min

The Frontier: Sweepstakes, Prediction Markets and Federal Proposals

The products that exploit the framework’s boundaries: sweepstakes casinos and the 2025 bans, prediction markets and the circuit split, fantasy pick’em and skill games, federal proposals, and what it means for operators.

Fact-checked 23 September 2026 by iGaming Times editorial team · 35 sources

In this lesson

  • Explain the sweepstakes model and the state response since 2025
  • Describe the prediction-market preemption argument and the state of litigation and rulemaking in 2026
  • Identify the fantasy pick’em and skill-game boundary disputes
  • Summarise the federal proposals and the constitutional limit on them

Where the map is being redrawn

The state-by-state framework described in this course was built for products that sit still: a sportsbook licensed in a state, a casino app that works within its borders. The products that have grown fastest since 2023 do not sit still. Sweepstakes casinos offer slots in states with no online casino law; prediction markets offer sports contracts in states with no sports betting law; daily fantasy pick'em products offer something that looks like player props under the fantasy exemption; and skill-game machines fill convenience stores under the argument that they are not gambling at all. Each exploits a boundary in the framework, each has drawn a state response, and one of them has become a federal constitutional fight. This lesson covers the four frontiers and the federal proposals that hover over all of them.

Sweepstakes casinos

The sweepstakes model separates the purchase from the prize. A customer buys "gold coins" that have no cash value and receives "sweeps coins" free with the purchase (and by mail-in request, which is the legal fig leaf); sweeps coins are played on casino games and can be redeemed for cash prizes. Because no purchase is necessary to obtain sweeps coins, the operator argues that the cash-prize element is a sweepstakes promotion, lawful under state promotional law, rather than gambling, which requires consideration. The model grew from social casino roots into a sector that a Macquarie analyst put at about $4 billion in December 2024, offered in dozens of states while real-money online casino is legal in only seven.

The reaction came in 2025. State attorneys general and regulators issued cease-and-desist orders; class actions alleging illegal gambling multiplied; and legislatures moved to prohibit the model expressly, with Montana, Connecticut, New Jersey, California and New York enacting express bans in 2025, Nevada widening enforcement powers against unlicensed operators without expressly banning sweepstakes, and Indiana and other states following in 2026. Operators, most notably VGW, withdrew from several of the banning states, the Social and Promotional Games Association has argued for clear regulation rather than prohibition, and the states with legal online casino have been among the most hostile, since sweepstakes compete with licensed, taxed products. The Sweepstakes and Social Casino course covers the model in detail; for regulation, the trajectory is clear: a product that existed in a gap is being legislated out of it, state by state, and a licensed sweepstakes regime has not emerged anywhere.

Prediction markets

Event contracts are binary derivatives: a contract that pays one dollar if an event occurs and nothing if it does not, traded on an exchange at prices that express probability. Registered with the Commodity Futures Trading Commission as designated contract markets, exchanges listed contracts on economic data, then on elections (after a federal district court ruled for Kalshi against the CFTC in September 2024), and from December 2024 on sporting events: who wins a game, a championship, a tournament. Because the CFTC has exclusive jurisdiction over derivatives on registered exchanges, the exchanges argue that state gambling law is preempted: a sports contract on a federal exchange is available in all fifty states, including the ones that never legalised sports betting, with no state licence, no state tax and no tethering.

States, tribes and the licensed industry disagree, and the fight has moved through every forum. State regulators, starting with New Jersey and Nevada in early 2025, sent cease-and-desist letters; Massachusetts's attorney general sued Kalshi in September 2025 and Arizona brought criminal charges; the exchanges sued for injunctions in Nevada, New Jersey, Maryland, Ohio and elsewhere; district courts split; and the appellate courts have now split too. The Third Circuit held in April 2026, by two votes to one, that Kalshi was likely to show that sports event contracts are swaps within the CFTC's exclusive jurisdiction and that New Jersey's gambling laws are preempted. The Ninth Circuit held in August 2026, in the Nevada case, the opposite: such contracts are likely not swaps, so Kalshi had not shown that federal law displaces Nevada's gaming laws. The Sixth Circuit agreed with the Ninth in September 2026, in cases from Ohio and Tennessee, holding that the contracts are likely not swaps and that the Commodity Exchange Act would not preempt state gambling law even if they were. New Jersey petitioned the Supreme Court on 2 September 2026, Crypto.com and Robinhood filed their own petitions later that month (Robinhood's, against Nevada, is No. 26-338), and the question is likely to be decided there. Meanwhile, in a suit brought by the CFTC and the Department of Justice, a federal court in Arizona enjoined that state in May 2026 from enforcing its gambling laws against contracts on registered exchanges, and a Massachusetts state court granted the attorney general a preliminary injunction against Kalshi in January 2026 in the state's own suit.

The CFTC's position has itself moved: from proposing in May 2024 to prohibit contracts on sports and elections, to withdrawing that proposal in February 2026, to proposing in June 2026 a framework of public-interest determinations that would largely permit contracts on sporting outcomes while treating some designs as likely contrary to the public interest (for example, contracts on player injuries, officiating decisions, altercations and pre-collegiate sport). On 9 October 2026 it went further, proposing to define "swap" expressly to include event contracts on sports, politics, culture and weather, and issuing an interim final rule that excludes casino-style gambling, including sportsbook wagers and casino games, from the definition. Tribes are among the most determined opponents, with tribes in California, Wisconsin and New Mexico suing Kalshi and Robinhood, because a federal instrument bypasses the exclusivity their compacts bought. The Prediction Markets course covers the product and the market; for regulation, the outcome will determine whether the state-by-state framework for sports betting survives or whether a federal channel runs alongside it.

Daily fantasy pick'em and skill games

Daily fantasy sports operated under UIGEA's fantasy exemption and state fantasy laws for a decade, but the "pick'em" format that grew after 2020 (choose whether several players will go over or under a statistical line, against the house) looks like a parlay of player props, and state regulators said so: Wyoming, Michigan, New York and Florida, among others, ordered the products withdrawn or restructured in 2023 and 2024 (in Florida Betr, Underdog Fantasy and PrizePicks stopped offering them from 1 March 2024, and Ohio officials also challenged them), and operators moved to peer-to-peer formats or to sportsbook licences where available. The line between fantasy and betting is drawn by each state and is still moving.

Skill-game machines (terminals offering games with a nominal skill element, placed in bars and convenience stores) are a land-based frontier with online implications: Pennsylvania's courts ruled on their legality repeatedly until the state Supreme Court held in June 2026 that they are slot machines under the Gaming Act and the Crimes Code, with a 120-day stay to give the legislature time to act; the court refused to extend the stay on 9 October 2026, so without new legislation the machines became unlawful to operate from mid-October; Virginia allowed them for a period in 2020 and 2021 and then banned them, and in April 2026 its governor vetoed a bill to legalise them; and the industry's argument that skill takes a game outside gambling law is the same argument that fantasy operators and, in India, real-money gaming operators made. The skill-versus-chance boundary is the oldest in gambling law and is being litigated in every new form.

Federal proposals

Congress has not passed a law regulating gambling operations since UIGEA in 2006, and the proposals of the 2020s show the shape of what might come. The SAFE Bet Act, introduced in September 2024 and reintroduced in March 2025, would make sports betting lawful only in states whose programmes the Attorney General approves against federal minimum standards: advertising restrictions, affordability checks, a ban on in-play betting once an event has started, and a bar on using artificial intelligence to track bettors or target offers; it has not advanced. Proposals to repeal the federal excise tax on wagers recur, most recently the Discriminatory Gaming Tax Repeal Act of 2025. Bills to prohibit sports contracts on prediction markets have been introduced, including the bipartisan Prediction Markets Are Gambling Act in the Senate in March 2026 and in the House in July 2026. And the 2025 tax legislation's limitation of gambling loss deductions to 90 per cent from the 2026 tax year produced a bipartisan repeal effort; the House Ways and Means Committee voted in September 2026 to restore the full deduction, but the change had not been enacted as at September 2026.

The constitutional constraint from Murphy v NCAA runs through all of them: Congress may regulate sports betting directly, may attach conditions to federal law, and may preempt state law, but may not order states what to do. A federal framework, if one ever comes, will be a federal licence or federal standards, not a federal instruction to the states.

What it means for operators

An operator in the American market now plans for three regulatory tracks. The state track: licences, tethering, tax and compliance in the states that have legalised, as the earlier lessons describe. The federal track: a possible national channel for sports contracts under the CFTC, for which the largest online sportsbooks have positioned: DraftKings acquired Railbird, a CFTC-designated exchange, in October 2025 and FanDuel launched a predictions product with CME Group, while casino-led operators such as Caesars, MGM and Penn have so far held back. And the boundary track: sweepstakes, fantasy and skill products that exist in gaps and are being closed, which a licensed operator avoids and monitors. The tribes sit across all three as counterparties, competitors and litigants.

What to take from this lesson

The fast-growing products of the 2020s live at the framework's boundaries. Sweepstakes casinos are being prohibited state by state after 2025. Prediction markets' sports contracts have split the circuit courts (Third Circuit for federal preemption in April 2026, Ninth and Sixth Circuits against in August and September 2026) and are headed for the Supreme Court, with the CFTC proposing a permissive framework and, in October 2026, a rule defining event contracts as swaps, and tribes among the leading opponents. Fantasy pick'em products were pushed out of several states as disguised props, and skill games test the oldest boundary in gambling law. Federal proposals (minimum standards, excise repeal, prediction-market bills, loss-deduction repeal) have not passed, and Murphy limits any federal framework to regulation and preemption rather than commands to states.

Key terms

Event contract
A binary derivative paying a fixed amount if an event occurs, traded on an exchange registered with the CFTC; the instrument behind prediction markets.
Preemption
The doctrine that federal law overrides conflicting state law; the exchanges’ argument that the Commodity Exchange Act displaces state gambling law for contracts on registered exchanges.
Circuit split
Conflicting decisions by federal courts of appeals on the same legal question, which the Supreme Court commonly resolves; created on sports event contracts in 2026 by the Third Circuit (April) and the Ninth Circuit (August), and deepened by the Sixth Circuit (September).
Designated contract market
An exchange registered with the CFTC to list derivatives, including event contracts.
SAFE Bet Act
A proposed federal law that would allow sports betting only in states whose programmes the Attorney General approves against minimum standards on advertising, affordability, in-play betting and the use of artificial intelligence; introduced in September 2024, reintroduced in March 2025 and not advanced.

Key takeaways

  • Sweepstakes casinos grew in the online casino gap and are being prohibited state by state since 2025; no licensed sweepstakes regime has emerged.
  • Sports event contracts on federally registered exchanges claim preemption of state gambling law; the Third Circuit agreed in April 2026 and the Ninth and Sixth Circuits disagreed in August and September 2026.
  • Supreme Court petitions were filed in September 2026 by New Jersey and by exchanges; the CFTC proposed a permissive framework with limits in June 2026 and, in October 2026, a rule defining event contracts as swaps; tribes are among the leading opponents.
  • Fantasy pick’em products were pushed out of several states as disguised props; skill games test the oldest boundary in gambling law.
  • Federal proposals have not passed, and Murphy limits any federal framework to regulation and preemption rather than commands to states.

Sources

The legislation, regulator material and research this lesson was checked against.

  1. KalshiEX LLC v. Flaherty, No. 25-1922 (3d Cir. Apr. 6, 2026), opinion, US Court of Appeals for the Third Circuit, accessed 2026-09-23
  2. KalshiEX LLC v. Assad, No. 25-7516 (9th Cir. Aug. 28, 2026), opinion, US Court of Appeals for the Ninth Circuit, accessed 2026-09-23
  3. Docket No. 26-299, Flaherty v. KalshiEX LLC, Supreme Court of the United States, accessed 2026-09-23
  4. Crypto.com and Robinhood petition Supreme Court to settle sports event contract preemption, Prediction News, accessed 2026-09-23
  5. Prediction Markets; Public Interest Determinations, proposed rule, 91 FR 35806, Commodity Futures Trading Commission (Federal Register), accessed 2026-09-23
  6. CFTC Issues Proposal on Event Contracts (Release 8907-24), Commodity Futures Trading Commission, accessed 2026-09-23
  7. CFTC Withdraws Event Contracts Rule Proposal and Staff Sports Event Contracts Advisory (Release 9179-26), Commodity Futures Trading Commission, accessed 2026-09-23
  8. CFTC Seeks to Enjoin Arizona Criminal and Civil Enforcement Against Prediction Markets (Release 9208-26), Commodity Futures Trading Commission, accessed 2026-09-23
  9. AG Campbell Secures Court Order That Will Block Kalshi from Offering Unlawful Sports Wagers in Massachusetts, Massachusetts Attorney General, accessed 2026-09-23
  10. Legal status at odds: tracking developments in prediction markets and sports betting, DLA Piper, accessed 2026-09-23
  11. AB 831, Gambling: operation of a contest or sweepstakes, bill history (Chapter 623, Statutes of 2025), California Legislative Information, accessed 2026-09-23
  12. Senate Bill S5935A (2025), prohibits online sweepstakes games, signed as chapter 605, New York State Senate, accessed 2026-09-23
  13. Banned, Fined, and Redefined: The 2025 State Crackdown on Online Sweepstakes, Snell & Wilmer, accessed 2026-09-23
  14. Sweepstakes Casinos to See More Growth, Scrutiny, Says Analyst, Casino.org, accessed 2026-09-23
  15. In Florida and Elsewhere, Officials Target Latest Fantasy Sports Games, Stinson LLP, accessed 2026-09-23
  16. Daily Fantasy Sports Battle Over Pick'Em Games Is LSR's Top Story Of 2023, Legal Sports Report, accessed 2026-09-23
  17. Skill games are slot machines, must adhere to Pa.'s gambling law, state Supreme Court rules, Spotlight PA, accessed 2026-09-23
  18. Governor Spanberger Vetoes Bill to Legalize Skill Games, Office of the Governor of Virginia, accessed 2026-09-23
  19. H.R. 9590 (118th Congress), SAFE Bet Act of 2024, as introduced, US Government Publishing Office, accessed 2026-09-23
  20. S. 1033 (119th Congress), SAFE Bet Act of 2025, as introduced, US Government Publishing Office, accessed 2026-09-23
  21. H.R. 1440 (119th Congress), Discriminatory Gaming Tax Repeal Act of 2025, as introduced, US Government Publishing Office, accessed 2026-09-23
  22. Sens. Schiff, Curtis Introduce Bipartisan Legislation to Ban Sports Prediction Market Contracts, Office of Senator Adam Schiff, accessed 2026-09-23
  23. Horsford and Amodei Introduce Bipartisan Bill to Ban Sports Prediction Market Contracts, Office of Representative Steven Horsford, accessed 2026-09-23
  24. Public Law 119-21, section 70114: limitation on wagering losses, US Government Publishing Office, accessed 2026-09-23
  25. House committee advances bill to restore full gambling loss tax deductions, Las Vegas Sun, accessed 2026-09-23
  26. Murphy v. National Collegiate Athletic Association, 584 U.S. 453 (2018), opinion of the Court, Legal Information Institute, Cornell Law School, accessed 2026-10-16
  27. DraftKings Acquires Railbird to Advance Future Growth in Prediction Markets, DraftKings Inc., accessed 2026-09-23
  28. DraftKings, FanDuel Lean Into Prediction Markets on Q1 Earnings Calls; BetMGM, Penn, Caesars Forge Different Paths, Gambling Insider, accessed 2026-09-23
  29. Bill making NJ sweepstakes casino ban official signed by Murphy, iGaming Business, accessed 2026-09-23
  30. KalshiEX LLC v. Schuler; KalshiEX LLC v. Orgel, Nos. 26-3196/5235, opinion (6th Cir. 25 September 2026), US Court of Appeals for the Sixth Circuit, accessed 2026-10-16
  31. Docket No. 26-338, Robinhood Derivatives, LLC v. Dreitzer (petition filed 10 September 2026), Supreme Court of the United States, accessed 2026-10-16
  32. CFTC Issues Interim Final Rule Excluding Certain Activity from the Definition of Swap (Release 9309-26, 9 October 2026), Commodity Futures Trading Commission, accessed 2026-10-16
  33. CFTC Seeks Public Comment on Notice of Proposed Rulemaking Concerning the Inclusion of Certain Event Contracts in the Definition of Swap (Release 9310-26, 9 October 2026), Commodity Futures Trading Commission, accessed 2026-10-16
  34. Pennsylvania Supreme Court denies requests to extend the skill games deadline (9 October 2026), The Philadelphia Inquirer, accessed 2026-10-16
  35. House Bill 1052 (2026 session), Indiana General Assembly, accessed 2026-10-16

Check your understanding

3 questions · answer them all, then check.

  1. 1. What is the exchanges’ legal argument for offering sports contracts nationwide?

  2. 2. How did states respond to sweepstakes casinos in 2025?

  3. 3. What constitutional limit applies to any federal gambling framework?

Sign in to track your progress through the course.

Cookie Preferences

Choose which cookies you want to accept. Essential cookies are required for the website to function properly.

Required

Necessary for the website to function. Cannot be disabled.

Help us understand how visitors interact with our website.

Used to deliver relevant advertisements and track ad performance.

Remember your preferences and settings for a better experience.