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Underdog Sues Connecticut as Prediction Market Legal War Reaches Six States

CFTC-registered exchange argues federal law blocks state gambling enforcement; broader infrastructure crackdown threatens platforms serving users far beyond US borders.

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Underdog Exchange DCM and UDM LLC, the companies behind the sports prediction platform Underdog Predict, filed a federal lawsuit against Connecticut on September 16, 2026, seeking to permanently block the state from applying its gambling laws to sports event contracts. Underdog previously operated as a distributor providing users access to third-party prediction markets before evolving into the operator of its own CFTC-registered exchange, a structural shift that forms the basis of its legal standing to bring this complaint. The suit argues that because Underdog holds a federal Commodity Futures Trading Commission (CFTC) registration as a Designated Contract Market, the federal Commodity Exchange Act (CEA) preempts state gambling authority over its products, leaving states with no authority to intervene.

The Connecticut filing is the sixth in a rapid legal offensive. Underdog had already filed five near-identical complaints against Massachusetts, New Mexico, Ohio, Washington, and Wisconsin on September 8, each targeting those states' attempts to apply gambling law to its federally registered exchange. The triggering event for the Connecticut complaint specifically was a Department of Consumer Protection (DCP) cease-and-desist wave on roughly September 10 and 11, targeting nine platforms: Polymarket, Coinbase, Crypto.com, Robinhood, ProphetX, Novig, Webull, Gemini, and Underdog Predict. All were ordered to immediately halt advertising and offering sports event contracts to Connecticut residents, and to let customers withdraw funds.

Connecticut's enforcement posture goes well beyond the platforms themselves. The state served nearly 30 subpoenas to companies that provide services enabling those platforms to operate, including payment processors PayPal, Stripe, Plaid, and Paysafecard; identity verification firms Socure and LexisNexis; sports data providers Sportradar and Genius Sports; app stores Apple and Google; and media organisations including ESPN, the Hartford Courant, and Hearst Connecticut Media. Officials cited specific concerns about unlawful access by under-21 users, participation by self-excluded individuals, and markets tied to Connecticut collegiate sports as part of their rationale for acting when they did.

Companies that do not comply face civil penalties under Connecticut's Unfair Trade Practices Act and potential criminal liability under state gaming statutes. One unnamed platform reportedly agreed to comply with the orders.

DCP Commissioner Bryan Cafferelli framed the action as straightforward consumer protection. "Sports betting may only be offered by legal, licensed sportsbooks that adhere to our regulations and technical standards," he said. He added that state officials were "hopeful these actions will curb illegal prediction market activity in our state, especially as the betting season ramps up with the start of the NFL season this week." Governor Ned Lamont was blunter: "We're putting ourselves at risk. We're putting our kids at risk."

The regulatory clash sits inside a wider national deadlock. The Third Circuit ruled in April 2026, in KalshiEX v. Flaherty involving New Jersey, that the CEA preempts state gambling law and that sports event contracts qualify as federally protected "swaps." The Ninth Circuit reached the opposite conclusion in August 2026, ruling in KalshiEX v. Assad that Nevada may enforce its own gambling statutes against the same products. The Sixth Circuit denied a preliminary injunction but called the preemption question "serious and close," a ruling that left Ohio free to enforce its gambling laws against prediction market operators throughout the pendency of that litigation.

New Jersey filed a Supreme Court certiorari petition on September 2 (case No. 26-299, Flaherty v. KalshiEX), and Robinhood along with NADEX and Crypto.com followed with their own petitions days later. As of September 16, a total of 132 active legal matters involving prediction market regulation are spread across 27 states, comprising 120 lawsuits and 12 administrative or enforcement actions, according to the DeFiRate Legal Tracker. That fragmentation has unfolded against an active federal backdrop: the CFTC proposed rulemaking frameworks on June 10 and June 25, 2026 for event contracts, and 44 state attorneys general have challenged the June proposal, arguing the CFTC lacks authority over sports contracts. The CFTC has also twice invoked emergency authority to override state court orders, making the question of federal primacy live at the regulatory level even as courts reach contradictory conclusions.

What is at stake is enormous. Connecticut's own data showed roughly $250 million in volume on a single college football market on the opening day of the 2026 season. Polymarket recorded a single-month volume of $10.57 billion in March 2026 and a single-day record of $425 million on February 28. Combined monthly volume across Polymarket and Kalshi reached roughly $24 billion in April 2026. The American Gaming Association estimates that prediction markets could absorb $40 billion in NFL wagering during the 2026 season alone.

For users outside the United States, this legal fragmentation has already reshaped the market in visible ways. Polymarket's international book processed $9 billion in April 2026; its US-facing counterpart processed $1.3 billion in the same period. Among Polymarket users, non-US participants already account for the overwhelming majority of volume.

Connecticut's infrastructure subpoena model, targeting payment rails, app distribution, and data providers rather than operators alone, is the most consequential piece of the enforcement framework for international participants. Minnesota has gone further still, criminalising prediction market advertising in ways that extend liability to influencers and affiliates, a concrete illustration of how enforcement templates can migrate and intensify across jurisdictions. If adopted by regulators in South Asia or Africa, Connecticut's approach would provide a ready blueprint for choking off access to prediction markets at the infrastructure layer without ever directly addressing the platforms themselves.

In Nigeria, where Luno launched prediction market features in early 2026, and in Kenya, where the Gambling Regulatory Authority is still writing its crypto rules, the outcome of cases like Underdog v. Connecticut will directly inform how local regulators approach the question of whether these products belong under financial or gambling oversight. The stakes are visible at the company level too: Bayse Markets, formerly known as GoWagr, is already operating Nigerian binary contracts on currency pairs tied to CBN and FMDQ data, settling trades on-chain, and watching the US docket closely. India is following the litigation with equal attention. The country's 2023 decision to impose a 28% GST on skill-based money gaming established a precedent that prediction market operators fear may be extended to blockchain-based event contracts, and Indian regulators have been tracking the US judicial split as they consider how to classify these products. India ranks among the top-20 crypto-adoption markets globally, according to Chainalysis.

The Supreme Court's decision on whether to hear Flaherty v. KalshiEX is the next critical milestone. A grant of certiorari would put a definitive answer on the calendar. Without it, the outcome for any given platform depends, as one legal analysis put it, on "which court it lands in, not on what it offers."