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CFTC considers charges against Kalshi over product notifications

Regulation2 min read

The CFTC has reportedly warned Kalshi that it could face charges over notifications for dozens of new products, according to a person with direct knowledge of the investigation. Kalshi said the issue was a procedural error involving a small number of contracts, many of which were not active, and that it was addressing the matter.

The CFTC has warned Kalshi it could face charges, according to a person with direct knowledge of the investigation. The agency is investigating whether Kalshi failed to give proper notification of dozens of new products in development. The investigation has been under way for months.

The private warning suggests charges could be brought soon, although the matter could be settled. Authorities have not confirmed whether they will bring charges or reach a settlement.

Kalshi spokesperson Elisabeth Diana attributed the warning to a procedural error. She said it involved a small number of contracts, many of which were not active. Kalshi said it was addressing the issue and maintains that its products are traditional derivatives, not bets. A CFTC spokesperson did not immediately respond to a request for comment.

The CFTC is also reportedly investigating Polymarket. The agency is examining whether Polymarket breached a 2022 settlement requiring it to close its service to US users.

CFTC-regulated exchanges use self-certification to introduce products, from oil price contracts to markets on a possible impeachment of Defence Secretary Pete Hegseth. The process allows a product to be offered the day after an exchange certifies to the CFTC that it meets requirements, including that it is not easily manipulated. Explicit agency approval is not required.

CME Group chief executive Terry Duffy warned earlier this year that increasing betting in prediction markets risked manipulation and should not have been authorised. In July, the CFTC warned prediction-market operators against using overly broad language when certifying new products.

Prediction markets have grown rapidly since the election of President Donald Trump two years ago. Kalshi and Polymarket are reportedly valued at $40bn and $21bn respectively. The CFTC, led by Michael Selig, has supported the platforms in a legal dispute with state officials. The officials allege the companies breach gambling laws.

After winning the midterm elections, Democrats are preparing to scrutinise the sector in the next Congress.

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