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Kalshi Found the Customers Sportsbooks Can’t Legally Take

Counted Wealth Editorial Team

By Counted Wealth Editorial Team · October 13, 2026 · Updated October 28, 2026 · 7 min read

Kalshi

Kalshi has found a valuable group of customers traditional sportsbooks cannot legally serve: Americans aged 18 to 20 and sports fans living in states where conventional online sports betting remains prohibited.

The prediction market allows eligible adults to trade contracts on sporting events under federal commodities regulation. That creates an opportunity in places such as California and Texas, where companies like DraftKings and FanDuel cannot offer traditional online sportsbooks.

The age difference is just as significant. According to Kalshi’s account requirements, users can register at 18, compared with the minimum age of 21 in most states that permit sports wagering.

For Kalshi, that’s a commercial advantage. For state regulators, it’s a challenge to gambling restrictions they have spent years developing.

The more interesting question is whether Kalshi has discovered a genuinely different financial market or simply found a way to reach gambling customers its competitors are legally required to turn away.

The distinction could determine how much of its business survives the next round of court decisions.

In this article
  1. Kalshi’s Advantage Starts Where Sports Betting Is Restricted
  2. Two Groups of Customers Give Kalshi an Opening
    1. The 18-to-20-Year-Old Audience
    2. States Where Online Sportsbooks Cannot Operate
  3. Sports Trading Has Become a Massive Business
    1. Trading Volume Is Not Revenue
  4. Kalshi’s Biggest Risk Is Its Regulatory Advantage
  5. The Consumer Protection Question Deserves More Attention
  6. What I Would Watch Next

Kalshi’s Advantage Starts Where Sports Betting Is Restricted

Traditional sportsbooks operate under state gambling licenses. Their ability to accept customers depends on where those customers are physically located, their ages, and what kinds of wagers state regulators permit.

Kalshi operates differently.

For readers unfamiliar with Kalshi, the video below offers a simple visual introduction to how prediction markets work and how users trade contracts based on future events.

Its contracts trade on an exchange regulated by the Commodity Futures Trading Commission (CFTC). Customers take positions on outcomes, including which team will win a game.

Smartphone displaying Kalshi prediction markets in front of a professional office setting with market visuals in the background
Kalshi offers event contracts through a federally regulated exchange, which sets it apart from traditional state licensed sportsbooks

A simplified example explains the mechanics. Suppose a contract predicting a particular team will win costs 40 cents.

  • If the team wins, the contract settles at $1.
  • If the team loses, it settles at zero.
  • The buyer’s potential profit is 60 cents per contract before fees.
  • The entire 40-cent investment is at risk.

Kalshi describes these transactions as financial derivatives rather than sportsbook wagers. Its exchange structure also differs from a bookmaker setting odds and taking the other side of customers’ bets.

Yet the customer’s underlying decision looks familiar. Someone believes a team will win and puts money behind that belief.

The economic difference between trading a sports outcome and betting on it is considerably smaller than the legal argument suggests.

That creates an unusually attractive opportunity for Kalshi. It can compete for customers who have no access to conventional online sportsbooks, provided the relevant contracts remain available and legally permissible in their jurisdictions.

Two Groups of Customers Give Kalshi an Opening

The opportunity is easier to understand when we separate customers who cannot use sportsbooks from those who already can.

Customer GroupTraditional SportsbooksKalshi’s Opportunity
Adults aged 18–20Excluded in most legal sports betting statesCan qualify for an account at 18
Adults in states without legal online sports bettingNo licensed online sportsbook availableCan access eligible contracts where Kalshi operates
Adults aged 21+ in legal betting statesCan use licensed sportsbooksCan compare prices and trade with a different provider

The 18-to-20-Year-Old Audience

Person using Kalshi sports prediction markets on a smartphone while watching American football at home.
Kalshi allows eligible users to open accounts at age 18, while most states with legal sports betting require customers to be at least 21

A three-year difference in eligibility creates a customer acquisition opportunity.

Someone who begins using Kalshi at 18 could establish trading habits, become familiar with its interface, and develop a preference for its markets before becoming eligible for a conventional sportsbook. That relationship has potential long-term value.

Financial companies understand how important early customer relationships can be. Banks compete for college students. Brokerages offer beginner-friendly investing apps. Payment companies want to become someone’s default way to move money.

Kalshi has a comparable opportunity in sports-related trading. Of course, there’s an important limitation. Kalshi has not publicly established how many of its sports customers are aged 18 to 20, or how much of its growth comes from that demographic.

The opportunity is obvious. Its actual contribution to revenue is much harder to measure.

States Where Online Sportsbooks Cannot Operate

California and Texas are particularly interesting because they have enormous populations, major professional sports teams, and no legal conventional online sportsbooks.

Kalshi can reach eligible customers there through sports event contracts, although legal challenges elsewhere demonstrate that federal registration does not guarantee unrestricted access. This is the larger competitive threat to sportsbooks.

The traditional betting industry has spent years lobbying for state-level legalization. Kalshi has built a business using a regulatory structure that potentially gives it access without waiting for those legislative victories.

Whether that structure holds up in court is another matter.

Sports Trading Has Become a Massive Business

The industry’s growth provides some perspective on why the legal fight has become so intense.

Illustration of Kalshi prediction market trading with dollar coins, financial charts, and arrows representing the exchange of contracts.
Kalshi and Polymarket recorded a combined $53 billion in notional trading volume in July 2026, according to Pew Research Center

A Pew Research Center analysis published September 23, 2026, found that combined monthly trading volume on Kalshi and Polymarket more than doubled between May and July.

MonthCombined Monthly Trading Volume
May 2026$25.7 billion
June 2026$47.7 billion
July 2026$53 billion
Source: Pew Research Center analysis of The Block data. Figures reflect notional trading volume, not platform revenue.

Sports became the largest trading category on both platforms. During June and July, sports trading exceeded $58 billion on Kalshi alone.

The figures demonstrate real activity. They do not tell us how profitable that activity is.

Trading Volume Is Not Revenue

Kalshi’s trading numbers require careful interpretation. Pew’s analysis uses notional volume, counting each traded contract at its full $1 payout value rather than necessarily the amount a customer paid.

A contract purchased for 20 cents can therefore contribute $1 to the reported figure. Repeated trading also increases volume without necessarily adding new customers.

That matters when evaluating Kalshi as a business. A company with growing trading volume still needs sufficient fee income to cover technology, compliance, marketing, staffing, and other expenses.

The numbers worth checking are active paying customers, average fees collected per customer, customer acquisition costs, and retention.

A record trading month is impressive. A profitable and loyal customer base would tell us considerably more.

Kalshi’s Biggest Risk Is Its Regulatory Advantage

The same legal structure that gives Kalshi access to these customers now threatens its business.

The central disagreement is straightforward. Kalshi argues that federally regulated event contracts fall under CFTC jurisdiction. State gambling regulators argue that sports contracts function as sports betting and must comply with state gambling laws.

Illustration of Kalshi prediction markets connected to the United States financial and regulatory system.
Kalshi is regulated by the CFTC, but several US states have challenged whether its sports contracts must also comply with state gambling laws

Federal courts have reached conflicting conclusions.

The debate over whether Kalshi’s sports contracts should be treated as financial trading or traditional sports betting has also attracted attention from local news outlets. The following WFSB Channel 3 report examines that distinction and the legal questions surrounding the platform.

In August 2026, the Ninth Circuit ruled against Kalshi in its dispute with Nevada. On September 25, the Sixth Circuit ruled that Ohio and Tennessee could apply their gambling laws to Kalshi’s sports contracts. The Third Circuit previously sided with Kalshi in a New Jersey dispute.

The dispute has now reached the doorstep of the Supreme Court.

On October 8, the NFL supported New Jersey’s request for Supreme Court review. According to Reuters’ reporting on the filing, the league also wants stronger protections against insider activity, restrictions on manipulation-sensitive wagers, and a minimum trading age of 21.

Kalshi has until November 9 to respond to the petition, with a decision on whether the Supreme Court will hear the case not expected before December.

For Kalshi, a nationwide 21-year minimum would eliminate one of its most obvious advantages. Applying state sportsbook rules to sports contracts could be even more consequential.

There’s a business lesson here. Regulatory advantages can create exceptional growth, but they’re difficult to value when courts haven’t settled whether the underlying model is permissible.

The Consumer Protection Question Deserves More Attention

The argument that placing a sports wager through an exchange automatically makes it a more sophisticated financial activity deserves closer scrutiny.

The interface changes. The economic risk of losing money on an uncertain sporting outcome remains.

In our previous article on Gen Z investors and sports betting, we examined a Betterment survey showing that 52% of Gen Z investors surveyed had redirected money originally intended for investing toward sports betting.

That does not establish that those investors used Kalshi. It does show why the distinction between investment products and sports speculation deserves scrutiny.

Kalshi has identity verification, market surveillance, and trading rules. It is not operating without federal oversight. The CFTC’s proposed regulatory framework, announced in June, also addresses event contracts involving activities such as gaming.

Still, a customer losing money repeatedly on sports predictions faces a financial problem regardless of which regulator supervises the platform.

Calling the activity trading doesn’t change the losses.

What I Would Watch Next

Kalshi’s future depends on more than how many contracts change hands. Three developments matter most.

Infographic showing three factors shaping Kalshi's future: US sports trading regulations, minimum age requirements, and customer retention with sustainable fee income.

First is whether courts preserve its ability to offer sports contracts in states where sportsbooks cannot operate. Second is whether regulators impose a minimum trading age of 21.

Third is whether Kalshi can retain customers and generate sustainable fee income as competition increases. I also think there’s a longer-term customer loyalty question.

If California or Texas eventually legalizes conventional online sportsbooks, Kalshi could enter that newly competitive market with an established base of customers. Acquiring those relationships early would have been valuable.

Yet the same customers could switch providers if sportsbooks offer better prices, promotions, or products.

Kalshi has identified demand that the traditional betting industry cannot fully serve under its current rules. That’s commercially significant.

The unanswered question is how much of that advantage belongs to Kalshi’s product, and how much exists because its competitors have to follow different laws.

The company’s trading growth proves that people want access. The next phase will determine whether Kalshi can turn that demand into a durable business once the regulatory boundaries are settled.

I write these articles for general information only. They are not personalized investment, tax, legal or financial advice, so please consider your own situation or talk to a qualified professional before making a decision.

Counted Wealth Editorial Team

Written by

Counted Wealth Editorial Team

The Counted Wealth Editorial Team researches and analyzes personal finance, wealth, investing, and economic trends. Our articles draw on publicly available financial data, government reports, regulatory disclosures, and established research. We focus on accurate information, independent analysis, and practical explanations that help readers make informed financial decisions.

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Counted Wealth Editorial Team

Counted Wealth Editorial Team

The Counted Wealth Editorial Team researches and analyzes personal finance, wealth, investing, and economic trends. Our articles draw on publicly available financial data, government reports, regulatory disclosures, and established research. We focus on accurate information, independent analysis, and practical explanations that help readers make informed financial decisions.

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