Sports Betting
UNDERDOG SUES TENNESSEE OVER PREDICTION MARKET CEASE-AND-DESIST
Underdog has filed a federal lawsuit challenging Tennessee’s order to stop offering sports event contracts, weeks after the Sixth Circuit ruled against Kalshi in the same state.
Underdog has sued Tennessee in federal court to block the state from shutting down its prediction market product, testing state authority in a circuit that has already ruled against Kalshi on the same question.
Underdog’s exchange and brokerage entities filed the complaint on 13 October in the US District Court for the Middle District of Tennessee in Nashville. The defendants are Tennessee Attorney General Jonathan Skrmetti and members of the Tennessee Sports Wagering Council. According to court records cited in trade press coverage, the case has been assigned to Chief Judge William L. Campbell Jr.
The cease-and-desist
The lawsuit follows a cease-and-desist letter the Sports Wagering Council sent on 9 October directing Underdog to stop offering sports event contracts in Tennessee. According to the complaint, the letter warned of fines, civil penalties and criminal investigations, and raised the prospect of revoking the fantasy sports licence held by an affiliated Underdog company.
Underdog argues that its exchange is regulated by the Commodity Futures Trading Commission and that Tennessee’s gambling laws are therefore preempted. “Defendants are violating the Supremacy Clause by intruding upon the CFTC’s exclusive jurisdiction,” the complaint states. It asks the court for a declaration to that effect and a permanent injunction barring enforcement.
An uphill court
Underdog is bringing the case in unfavourable territory. On 25 September the Sixth Circuit, which covers Tennessee and Ohio, vacated the preliminary injunction Kalshi had won against Tennessee, holding that Kalshi had not shown its sports contracts were swaps and that, even if they were, federal commodities law did not preempt state gambling rules. Kalshi petitioned for rehearing by the full court on 9 October.
That ruling ended an eight-month run in which Kalshi had been protected in Tennessee. The state sent cease-and-desist letters to Kalshi, Polymarket and Crypto.com in January 2026, Kalshi won a preliminary injunction the following month, and Tennessee appealed in May. Underdog was not offering prediction markets when the first round of letters went out.
The picture is mixed elsewhere. A federal judge in Illinois sided with Kalshi earlier this month, while Kalshi was denied an injunction in Connecticut in August and is appealing to the Second Circuit. That split between courts is one reason both sides expect the question to end up before the Supreme Court.
Underdog acknowledges that ruling in its filing and has said it is preserving its arguments for appeal, with the wider question widely expected to reach the US Supreme Court.
Tennessee is one of a growing list of states Underdog has taken to court. Legal Sports Report counts Connecticut, Massachusetts, New Mexico, Ohio, Washington and Wisconsin as earlier targets. The company entered prediction markets after agreeing in March to acquire Aristotle Exchange’s federally registered exchange and clearinghouse.
A wider fight
The case is the latest in a run of state-versus-exchange disputes this month. Crypto.com and Novig have sued Missouri over its crackdown on sports event contracts, while Ohio and Missouri have both issued orders against multiple platforms.
The CFTC, meanwhile, has proposed treating event contracts as swaps, which would strengthen the exchanges’ preemption argument if adopted. Tennessee’s regulator has long resisted that position. In an April 2025 letter, the Sports Wagering Council urged the CFTC to act, writing: “we ask that you respect the policy decisions made by the Tennessee Legislature.”
For now, Underdog’s real exposure in Tennessee may be less about its exchange than its established fantasy business, which the state has made clear it is prepared to use as leverage.
Sports Betting
CRYPTO.COM AND NOVIG SUE MISSOURI OVER SPORTS EVENT CONTRACT CRACKDOWN
Crypto.com and Novig have filed separate federal lawsuits against Missouri officials after the 30-day deadline in Attorney General Catherine Hanaway’s cease-and-desist letters expired.
Crypto.com and prediction market operator Novig have filed separate federal lawsuits against Missouri officials, seeking to block the state from enforcing its gambling laws against their sports event contracts.
Both suits were filed on 16 October, after the 30-day deadline set in cease-and-desist letters from Missouri Attorney General Catherine Hanaway had run out. The letters, sent last month to six platforms, gave each operator 30 days to stop offering sports contracts to Missouri residents or obtain a licence from the Missouri Gaming Commission and pay the state’s 10% sports wagering tax.
The claims
Both companies argue that their sports event contracts are swaps traded on federally regulated exchanges and fall under the exclusive jurisdiction of the Commodity Futures Trading Commission, so state gambling law is pre-empted. Crypto.com’s exchange is seeking a declaratory judgment and a permanent injunction against enforcement. Novig is seeking a preliminary injunction, according to reports of the filings.
Crypto.com also argued that the attorney general’s letter was sent to the wrong company, and that the licensing route offered in the letters was not realistic because Missouri has no sports wagering licences left to issue.
Hanaway had anticipated a fight when the letters went out. “Chances are they may sue us once they get this cease-and-desist letter,” she said at the time. Her office has argued that federal law does not pre-empt state law in this area and that sports event contracts do not qualify as swaps under the Commodity Exchange Act.
Others hold off
The other four recipients of the Missouri letters, Kalshi, Polymarket, Robinhood and Underdog, had not filed suit as of the weekend. Underdog is already in court in Tennessee, where it is seeking an injunction to stop the state’s crackdown on its event contracts and a threat to its fantasy sports licence.
Both Crypto.com and Novig have sued other states over similar enforcement action, part of a wave of litigation that has produced conflicting rulings in federal courts. That split is now before the US Supreme Court in the form of New Jersey’s petition over Kalshi, which 39 states have urged the court to hear. The NFL has separately asked the court to let states regulate sports prediction markets.
Federal rules in motion
The Missouri cases also land as the CFTC moves to set its own rules. The commission has proposed defining event contracts as swaps while carving out traditional sportsbooks, an approach state regulators including Nevada’s have attacked as an artificial distinction between products that are economically the same as a sports bet.
Missouri’s legal sports betting market opened in December 2025 after voters approved a constitutional amendment, and the state’s licensed sportsbooks pay tax on revenue that prediction markets do not. Ohio has sent its own cease-and-desist letters to ten prediction markets, and more states are expected to follow.
The federal court in Missouri will first have to decide whether to grant interim relief to the two operators. Whatever it decides is likely to be appealed, adding Missouri to the list of states whose fight with prediction markets is heading for the federal appeals courts.
Sports Betting
ACMA ISSUES FIRST GUIDANCE ON CELEBRITY BAN IN WAGERING ADS
Australia’s media regulator has published initial guidance on the incoming ban on athletes, celebrities and influencers in wagering advertising, with exceptions for dedicated racing services.
The Australian Communications and Media Authority has published its first guidance on incoming rules that will stop wagering operators using athletes, celebrities and social media influencers in their advertising, setting out who is in scope and confirming exceptions for dedicated racing services.
The guidance, released on Monday, covers the notable persons provision in Australia’s new gambling advertising legislation. From 1 January 2027, wagering advertising content should not feature “a notable person”, and licensed interactive wagering service providers will be barred from entering contracts or arrangements for the sponsorship, participation or involvement of a notable person in promoting wagering advertising in Australia.
Who counts as notable
The law defines a notable person broadly. It covers current or former professional sports players and athletes, celebrities, social media influencers and “prominent individuals”, as well as anyone in a class of persons determined by the Minister for Communications. Communications Minister Anika Wells has said the broad definitions were chosen to reflect how celebrity is changing, with online creators now as influential as traditional stars.
The ACMA guidance gives examples of individuals likely to be in and out of scope, lists the factors the regulator may consider when assessing an alleged contravention, and explains how the ban operates, including the provision covering anyone who causes or authorises a gambling advertisement. The penalty under the regime falls on the wagering provider rather than the notable person.
Racing carve-out
The guidance confirms exceptions for dedicated racing services, channels and programmes. Advertising that relates solely or principally to racing and is shown only on racing-dedicated programmes, channels or online services will fall outside the ban. That matters for broadcasters such as Sky Racing and Racing.com, where jockeys, trainers and well-known racing presenters are part of the furniture.
Australian racing outlet The Straight reported that questions remain over how far the carve-out extends, including how mixed programming and racing personalities who appear across mainstream sport will be treated. The ACMA said it may issue further formal guidance on the notable persons provision if needed.
Part of a wider package
The notable persons ban is one strand of the federal government’s response to the 2023 Murphy inquiry into online gambling harm, which recommended a phased ban on gambling advertising. The government’s package stops short of a full ban but adds limits on the number of betting ads on television, blackout periods around live sport and opt-out mechanisms online.
The ACMA named implementation of the gambling advertising reforms as one of its compliance and enforcement priorities for 2026-27 and said it would issue guidance to broadcasters, advertisers and online content providers. It has already been active on gambling ads, finding SBS in breach of rules during its Tour de France coverage and warning an influencer over the promotion of illegal offshore gambling.
For operators such as Sportsbet, TAB, Ladbrokes and bet365, the change means unwinding ambassador deals with sports stars and media personalities before the end of the year. The guidance also has implications for affiliate and influencer marketing, where content creators have become a growing channel for wagering brands targeting younger audiences.
With about ten weeks until the start date, operators and their agencies now have a working document to audit existing contracts and campaigns against. Further detail on enforcement is expected once the rules take effect in January.
Sports Betting
LOUISIANA GIVES DRAFTKINGS CONDITIONAL EXTENSION AMID AI QUESTIONS
The Louisiana Gaming Control Board granted DraftKings a four-month conditional licence extension instead of a full renewal, citing questions over AI use and shareholder suitability filings.
The Louisiana Gaming Control Board has granted DraftKings a four-month conditional extension of its sports betting permit rather than a full renewal, as regulators look into how the operator uses artificial intelligence and wait on outstanding shareholder suitability filings.
The board voted unanimously on Thursday to extend the permit through 19 February, with the full renewal hearing set for 18 February. DraftKings’ current licence had been due to expire on 10 November, according to US trade press coverage of the hearing.
Seven conditions
The extension carries seven conditions. DraftKings must file outstanding suitability submissions within 30 days, after the Louisiana State Police gaming division found that some shareholders with stakes of 5% or more had not submitted the required paperwork. Within the same window the company must provide written responses on its use of AI, its prediction market activity and its Louisiana digital offerings, and certify that its marketing materials comply with the state’s responsible gambling rules.
State police told the board that their review of recent allegations against the company needed more time. The board stressed that the decision was not a finding of wrongdoing, and its chairman noted that news reports are not findings of regulatory violations.
The AI allegations
Much of the questioning at the hearing centred on a New York Times report alleging that DraftKings uses AI to identify losing bettors and target them with promotions. DraftKings disputed that characterisation at the hearing, saying it looks at financial records to understand whether customers are winning or losing but does not use AI specifically to target losing gamblers.
The allegations have spread quickly through the regulatory system. DraftKings was hit with a class action earlier this month over the alleged targeting of losing bettors. In New York, the State Gaming Commission advanced proposals on 9 October that would bar sportsbooks, their affiliates and vendors from using AI or algorithmic profiling to personalise bonuses, odds, limits and bet suggestions without customer consent. Massachusetts regulators have also questioned operators about AI-driven promotions.
Prediction markets in the frame
The board’s demand for written answers on prediction market activity reflects a second front. DraftKings has launched DraftKings Predictions, offering sports event contracts under federal commodities rules, including in states where its sportsbook is not licensed. State regulators across the country have warned licensed operators that such activity could affect their suitability, and Nevada’s regulators have said sports event contracts are wagers regardless of where they are listed.
Louisiana has its own reasons to probe. The state’s legal sportsbooks compete with prediction market platforms that are available to Louisiana residents without a state licence or state tax. A licensed operator running both products puts the regulator in the position of overseeing a company that is also competing against the state-regulated market it holds a permit for.
What happens next
DraftKings remains free to operate in Louisiana while the conditional extension runs. The 30-day filings will come due in mid-November, and the February hearing will decide whether the board grants a full renewal, imposes further conditions or takes the matter further.
The outcome will be watched by regulators elsewhere. Louisiana is the first state to tie a major operator’s licence renewal directly to questions about AI-driven marketing, and other boards facing renewals in the coming months may follow the same template of written certifications before signing off.
-
People6 days agoSIR PHILIP DAVIES JOINS BHA BOARD AS RACECOURSE ASSOCIATION NOMINEE
-
Esports5 years ago
KNOWNORIGIN, ILLUMINO & BEAR NFT CO-HOST “TO THE MOON” MUSIC & ART FESTIVAL IN DECENTRALAND
-
Esports5 years ago
DECENTRALAND HOSTS FIRST-EVER ‘METAVERSE FESTIVAL’, FT. 80+ ARTISTS
-
Blockchain6 years agoRAKETCH APPOINTS FORMER CATENA EXECUTIVE OSCAR KARLSTEN AS CHIEF OPERATING OFFICER
-
Sports Betting5 days agoMATCHBOOK BUYS BETDAQ, MERGING TWO VETERAN BETTING EXCHANGES
-
Esports5 years ago
ONCHAIN STUDIOS RAISES $7.5M TO DEVELOP NEW NFT PLATFORM CRYPTOYS
-
Sports Betting2 weeks agoNFL ASKS SUPREME COURT TO LET STATES REGULATE SPORTS PREDICTION MARKETS
-
iGaming4 weeks agoOPENBET NAMES NIKOS KONSTAKIS CEO AS JORDAN LEVIN MOVES TO CHAIR

