Wisconsin Just Legalized Sports Betting—And Now It’s Launching a Legal War on Prediction Markets

  • Wisconsin Department of Justice is suing five prediction market operators
  • The state claims those platforms offer illegal sports wagering
  • The suit was unveiled just two weeks after the state approved a tribal sports betting bill

The Wisconsin Department of Justice (DOJ) has confirmed it’s suing five prediction market operators with Attorney General Josh Kaul (D) alleging those companies are offering customers an illegal form of sports betting.

Wisconsin online sports betting
The Vince Lombardi Statue outside Lambeau Field in Green Bay. The state of Wisconsin is suing five prediction market operators. (Image: Shutterstock)

Coinbase Global, Crypto.com, Kalshi, Polymarket — a company that isn’t even operational in the US — and Robinhood Markets comprise the quintet in the crosshairs of the Wisconsin DOJ.

In suits filed earlier today in Dane County, the state’s Justice Department requested a declaration that by making sports event contracts available to consumers in the Badger State, prediction market operators are “creating a public nuisance.”

Thinly disguising unlawful conduct doesn’t make it lawful,” said Kaul in a statement. “These companies’ alleged facilitation of sports betting in Wisconsin should be shut down.”

The state’s complaints against the prediction market companies also state by collecting fees from residents of the state that buy and sell event contracts, the operators are violating the state’s gambling laws.

Interesting Timing for Wisconsin Prediction Markets Suit

Perhaps it’s coincidence, but Kaul’s suits against yes/no exchanges arrives about two weeks after Wisconsin Gov. Tony Evers (D) signed a bill allowing the state’s 11 tribal nations with federal recognition to offer online sports betting.

In 2023, Kaul received a $3,500 campaign contribution from Forest County Potawatomi, which operates a tribal casino in Wisconsin, according to OpenSecrets.org data.

States with significant tribal gaming interests and national organizations representing tribal casino operators are among the most vocal critics of prediction markets, asserting the companies behind those platforms flout state gaming laws while threatening tribal sovereignty.

What could work in favor of Wisconsin tribes with sports betting exposure are data suggesting when given a choice, most retail bettors prefer sports betting apps over prediction markets.

However, that sentiment pertains to the big-name operators, such as DraftKings and FanDuel.

Some industry observers believe the makeup of the law signed by Evers isn’t attractive to commercial operators because it would require a minimum 60/40 revenue split between tribes and outside companies.

That could limit the state’s online sports betting industry to tribe-run apps while keeping the operators with the most brand recognition out.

Wisconsin Seeking Familiar Legal Remedies

Wisconsin is traversing a familiar legal path in its cases against the prediction market operators. As nearly all the other states that are pursuing legal action against these companies have done, Wisconsin wants preliminary and permanent injunctive relief.

“The lawsuits additionally request preliminary and permanent injunctions enjoining and restraining the defendant companies from making sports-related event contracts available for trading by customers located in Wisconsin,” according to a statement issued by Kaul’s office.

Todd Shriber
Todd Shriber Financial Reporter

Todd Shriber is a senior news reporter covering gaming financials, casino business, stocks, and mergers and acquisitions for Casino.org.

Todd got his start in financial markets as a reporter with Bloomberg News. Later, he became a trader at a Southern California-based long/short hedge fund, where he specialized in the trading sector and international ETFs leading up to and during the financial crisis. He joined Casino.org in 2019.

Currently, Todd analyzes, researches, and writes on ETFs for various web-based publications and financial services firms. Shriber has been featured and quoted in Barron's, CNBC.com, and The Wall Street Journal. His work can also be found on Benzinga, ETF Daily News, ETF Trends, MarketWatch, Fox Business, and Nasdaq.com.

He currently resides in Las Vegas, where he enjoys golf and taking his black lab to the dog park. He's also an avid sports fan and likes to wager on college football and the NBA. You can also find him at the three-card poker and roulette table, even though he knows better.

Contact Todd at todd.shriber@casino.org.

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