Arkansas Sues Kalshi in Its Own Courts, Calling It a Pocket-Sized Bookie
By Antonina Tupikova · Founder, iGaming Times2 min read
Arkansas has taken Kalshi to a county court under its consumer protection law, accusing it of offering unlicensed sports betting to 18-year-olds and demanding back taxes. This time the state, not Kalshi, chose the forum.
- Arkansas Attorney General Tim Griffin sued KalshiEX LLC and Kalshi Inc. in Independence County Circuit Court on 4 November, alleging an unlicensed gambling platform open to 18-year-olds
- The complaint pleads three counts under the Arkansas Deceptive Trade Practices Act and one of unjust enrichment, not a claim under the state's gambling statutes
- The state seeks an injunction, restitution, civil penalties of up to $10,000 per violation and unpaid taxes for every year Kalshi served Arkansas customers
- Griffin also sued VGW the same day, according to local reporting, adding to Florida's suit and VGW's $8m New York settlement
- The suit follows Utah's criminal charges against Kalshi and its founders by a week, and no court has ruled on Arkansas' allegations
Arkansas Files Under Consumer Law, Not the Gambling Code
The complaint, State of Arkansas ex rel. Tim Griffin v. KalshiEX LLC, No. 32CV-26-717, was stamped by the Independence County circuit clerk on 4 November. It names KalshiEX LLC and its sole owner, Kalshi Inc., which the state describes as a Delaware corporation based in New York.
Every count rests on the Arkansas Deceptive Trade Practices Act (ADTPA). Count 1 alleges knowingly false representations that Kalshi's wagers are lawful in Arkansas and that its markets are safe and protected against insider trading. Count 2 alleges unconscionable conduct in offering unlicensed wagering, including to 18 to 20 year olds. Count 3 alleges deception and concealment, including of the risks of trading against professionals. An unjust enrichment claim targets the transaction fees Kalshi collected, and the state demands a jury.
The relief sought includes an injunction, restitution, damages, the maximum civil penalties and "unpaid taxes for all applicable years owed to the State of Arkansas". The ADTPA allows up to $10,000 per violation, the complaint says. No total is stated.
Kalshi's Safeguards Cited as Proof of Gambling
"When it comes to the majority of its offerings, Kalshi is not a risk management tool: it is a pocket-sized bookie," the complaint says, arguing that "Arkansas law is concerned with substance, not semantics." Griffin said in a statement, as reported by CoinDesk and The Block, that "it doesn't take a genius to understand that wagering money on whether the Razorbacks win or lose is gambling."
The complaint cites Kalshi's self-exclusion tools, deposit limits, trading breaks, its partnership with the National Council on Problem Gambling and its recent restrictions for users aged 18 to 20 as evidence that it knows its product is gambling. Citing a Roosevelt Institute paper of 7 July, it says Kalshi has admitted that nearly three times as many users lose money as make it. Kalshi, which describes itself as a designated contract market regulated by the Commodity Futures Trading Commission, had not responded to CoinDesk or The Block when they reported the suit on 5 November.

What Arkansas Permits
Voters legalised casino gaming, including sports wagering, through Amendment 100 to the state constitution in 2018. As amended in 2024, it provides for three casino licences, in Crittenden, Garland and Jefferson counties, according to the complaint. Each licensee may contract with up to two branded online sports platforms, subject to Arkansas Racing Commission approval; accounts require age verification, and under-21s are barred. Net casino gaming receipts are taxed at 13% up to $150 million and 20% above.
Griffin sued VGW in White County Circuit Court the same day, Deltaplex News reported. According to that report, the partly redacted complaint names seven VGW-linked companies over Chumba Casino, LuckyLand Casino, LuckyLand Slots and Global Poker, alleges illegal gambling, ADTPA violations and unjust enrichment, and says VGW had about $66 million in Arkansas taxable sales from July 2025 to June 2026.
Arkansas Took the Forum Kalshi Has Been Racing For
Kalshi sued Louisiana and Missouri in federal court in late October before either could sue it, as iGaming Times reported. Arkansas reversed that order, filing first in a county court with claims arising only under state law, so pre-emption becomes a defence rather than a route into federal court. Kalshi may still try to remove the case, as it did with suits by New York's and Connecticut's attorneys general, but New York's remand motion, fully briefed since August, was still undecided at the start of November.
The Tax Demand Is the Sharpest Claim
Asking for unpaid taxes treats Kalshi as an unlicensed casino operator owing what licensees pay at 13% to 20%. On the state's theory, every dollar staked outside the three licensed casinos is revenue lost to the general fund, local governments and racing purses. The deception counts look weaker by comparison: if federal law does pre-empt state gambling law, Kalshi's statements that its products are legal were true.
Responsible Gambling Tools Now Carry Legal Risk
Kalshi added protections for younger users and partnered with a problem gambling body, and Arkansas reads both as admissions. Prediction markets face a bind: adopt sportsbook-style safeguards and look like a sportsbook, or skip them and invite unconscionability claims.
Arkansas has opened a consumer protection front in a fight other states have waged mostly under gambling law. Whether the case stays in Independence County will matter more than any single count.


