The Ho-Chunk Nation has filed a federal lawsuit against
Kalshi, an online prediction market, arguing that the company is running an
illegal sports-betting business that violates state, federal, and tribal law.
The case, filed last month in U.S. District Court, centers
on Kalshi’s platform, which lets users wager money on the outcome of real-world
events through an app and website accessible nationwide, including within
Ho-Chunk tribal lands.
While Kalshi markets itself as a regulated financial
exchange, the Ho-Chunk Nation officials say the system is nothing more than
unlicensed sports gambling that siphons revenue from tribal casinos.
In Wisconsin, sports betting is tightly restricted. Under
state compacts, only tribal nations may operate sports books, and only within
their casinos.
The Ho-Chunk Nation operates several gaming facilities
across the state and argues that Kalshi’s activities directly cut into tribal
revenues.
The lawsuit also highlights what the Nation calls deceptive
advertising, pointing to Kalshi’s promotional claims that it is the “first
nationwide legal sports betting platform” and that “sports betting [is] legal
in all 50 states.”
App store descriptions and posts from the company’s
leadership on TikTok are also cited as evidence that Kalshi is intentionally
presenting itself as a sportsbook.
The Wisconsin case follows a similar suit brought by three
California tribes earlier this summer, also targeting Kalshi for alleged
illegal gambling. Both cases are being handled in part by the law firm Rapport
and Marston, alongside Quarles and Brady in the Ho-Chunk Nation’s filing.
The complaint seeks both financial damages and an injunction
that would bar Kalshi from operating on or near Ho-Chunk lands.
Tribal leaders argue that every dollar diverted from their
casinos through unregulated wagering undermines their ability to fund essential
services and programs for citizens and residents on tribal lands.
Kalshi, launched in 2021, lets users buy and sell contracts
on yes-or-no outcomes, whether it’s a sports game, a political race, or even
the weather. The company expanded into sports event contracts in early 2025
after filing a self-certification with regulators.
The platform has partnered with Robinhood Markets Inc.,
which was also named in the lawsuit. Robinhood maintains that Kalshi’s products
are not gambling but rather futures contracts regulated by the Commodity
Futures Trading Commission (CFTC).
The firm says the so-called “event contracts” offer retail
customers access to prediction markets in a safe, compliant manner.
Kalshi representatives have not publicly commented on the
Wisconsin lawsuit. However, in recent months the company has continued to
promote its offerings as innovative financial products.