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A class action lawsuit alleges that Polymarket, a platform marketed as a “prediction market,” is operating as an unlicensed sports betting enterprise, prompting concerns about consumer protection and regulatory oversight. The suit, filed February 4, 2026, in the Southern District of New York, claims the platform violates anti-gambling laws in all 50 states.
The lawsuit centers on the experiences of individuals like Lorenzo Miro San Diego, a San Diego resident who, according to court documents, lost over $1,700 betting on sports and cryptocurrency price movements through Polymarket. San Diego initially discovered the platform through an episode of “South Park” and placed his first wager – $498 on a college football game between the University of Houston and Oregon State – after the odds shifted in Houston’s favor, netting him a small profit. However, subsequent bets proved less successful.
“I wasn’t able to set any virtual limits,” San Diego told Business Insider. “Unlike sportsbooks that I can visit when I’m in an area where they are legal, there was a lack of control and tools to be transparent for how much I could lose.”
The complaint alleges that Polymarket falsely portrays itself as a legitimate prediction market to circumvent regulatory scrutiny, effectively functioning as an online casino and sportsbook. The lawsuit contends that users wager real-world currency on events, mirroring traditional gambling operations.
Similar concerns have been raised regarding Kalshi, another prediction market platform. A 24-year-old engineer from Virginia, identified as K.A., reportedly lost more than $10,000 on Kalshi in an eight-day period, taking out loans to continue wagering after initial successes. He described a pattern of escalating bets and “chasing losses.”
The growing popularity of these platforms, and their potential for harm, is beginning to attract attention from problem gambling experts. Susan Sheridan Tucker, of the Minnesota Alliance on Problem Gambling, warned that the lack of safeguards on prediction markets could be particularly dangerous for those unfamiliar with how they operate. “It’s a huge distraction, and I don’t think it’s a healthy distraction,” she said.
Daniel Umfleet, CEO of Kindbridge Behavioral Health, noted that treatment providers are beginning to identify prediction market use among patients, though it hasn’t yet reached crisis levels. The National Council on Problem Gambling estimates that 2.5 million adults in the US have severe gambling addiction, with another 5 to 8 million meeting some criteria.
While the total amount wagered on platforms like Kalshi and Polymarket remains a fraction of the overall gambling market – the American Gaming Association reported over $71 billion in gambling revenue in the first 11 months of 2025 – the sector is experiencing rapid growth. Kalshi reported $1 billion in trading volume related to Super Bowl markets, a 27-fold increase from the previous year. Robinhood, a financial app that offers access to Kalshi and ForecastEx event contracts, anticipates prediction markets could generate $300 million in revenue annually.
The legal status of these platforms remains contested. Polymarket and Kalshi have argued that their offerings are financial instruments, such as swaps or futures, regulated by the Commodity Futures Trading Commission (CFTC). However, the National Council for Problem Gambling has argued to the CFTC that “betting on futures is functionally gambling” and has called for the implementation of anti-addiction safeguards.
The CFTC, under its new chair Michael Selig, has indicated it will start drafting rules for event contracts, a process expected to take months or more. A court order issued February 6, 2026, in the Diego v. Blockratize case, requires the plaintiff to clarify the citizenship of all members of QCX LLC, a defendant in the suit, to establish subject matter jurisdiction. The court also requested clarification on why the case was filed in New York, given that the plaintiff resides in California.
As of February 19, 2026, neither Polymarket nor OG, another prediction market platform, have publicly committed to publicizing the national gambling helpline, 1-800-MY-RESET, despite a recent call to action from the National Council for Problem Gambling.