California Tribes File Lawsuit Against Kalshi and Robinhood
In a significant legal move, three California tribes – the Blue Lake Rancheria, Chicken Ranch Rancheria of Me-Wuk Indians, and Picayune Rancheria of Chukchansi Indians – have filed a federal lawsuit against Kalshi and Robinhood. The lawsuit alleges that the companies are conducting illegal sports betting on tribal lands, which violates the Indian Gaming Regulatory Act (IGRA) and tribal-state gaming compacts [1][2][3][4].
At the heart of the dispute is whether Kalshi's "event contracts," which allow users to bet on outcomes of major sports events, are lawful commodities/futures products regulated by the Commodity Futures Trading Commission (CFTC) or illegal sports wagers that infringe upon the tribes' exclusive gaming rights under IGRA and related laws.
The tribes claim that these contracts, offered by Robinhood via a "prediction markets hub" to millions of users nationwide, including on tribal lands, masquerade as regulated products but substantively amount to illegal sports wagers. This, they argue, undermines tribal sovereignty and the tribes' regulated gaming operations [1][4].
Robinhood, in response, states that their event contracts are regulated by the CFTC through Robinhood Derivatives, LLC, and that federal law preempts other regulations, citing two federal court rulings supporting this position. However, the tribes contest this and seek judicial relief, emphasizing that tribal sovereignty and exclusive regulatory rights over sports betting on their lands are being infringed [2].
The case, filed in the U.S. District Court for the Northern District of California, is pending. It has also affected the confirmation process of Brian Quintenz as president of the U.S. Commodity Futures Trading Commission (CFTC), with tribal leaders requesting a review of the legality of sports event contracts before Quintenz's appointment [5].
The tribes are seeking preliminary and permanent injunctions to stop Kalshi and Robinhood from providing these products on reservation lands, economic damages for past losses, and the implementation of geofencing technology to restrict access. They argue that unauthorized digital betting platforms divert income from essential services, particularly in rural areas where gaming revenues are a vital economic engine [3].
The lawsuit also includes accusations of electronic fraud, arguing that the use of digital infrastructure to evade regulatory oversight could endanger users, including minors. Other online sports betting houses have complied with tribal and state laws using available technology, raising concerns about why Kalshi and Robinhood have not done the same [3].
The primary goal of the tribes is to protect their regulatory authority and enforce tribal laws. The case arises in the broader context of debates over the legitimacy of prediction markets in the United States, following the repeal of the Professional and Amateur Sports Protection Act (PASPA) in 2018 [6].
Other states, such as Maryland, Nevada, and New Jersey, are also reviewing Kalshi's business model, potentially setting a precedent for future legal actions [4]. The outcome of this case could influence the regulation of prediction markets in the United States.
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