Robinhood enters prediction market fight as casino industry closes ranks at G2E
Daniel Vest spent something like four years betting on DraftKings before he stopped. In one month alone, he received more than seventy promotional messages — emails, texts, push notifications — urging him back to the platform. He filed suit in federal court in Boston this week, arguing that the company used machine learning to identify him as someone worth pursuing, and that no one told him that was happening.
DraftKings says this is false. The company has denied, publicly and specifically, that it uses artificial intelligence to target customers based on losses or signs of problem gambling. That denial is on the record. What is also on the record: a New York Times investigation built on testimony from former employees who described exactly those systems. The lawsuit rests substantially on what those employees said.
The Massachusetts attorney general's office has said the allegations raise serious concerns. The state auditor called them unacceptable if proven. Neither office has filed charges. Vest's case remains in its earliest stages, and the gap between what former employees described and what DraftKings acknowledges is, for now, the gap the litigation has to cross.
I have seen this structure before in consumer targeting cases. The central document is usually internal — a product spec, a model card, a training objective. When that document exists, cases settle fast and quietly. When it doesn't, they drag. The speed of resolution here will tell you more than the initial filings.
Meanwhile, several hundred miles west, the Global Gaming Expo concluded in Las Vegas this week without Polymarket, Kalshi, or Robinhood in attendance. All three dominated the conversation anyway. Bill Miller, the American Gaming Association's chief executive, used his keynote to name prediction market platforms explicitly as a generational threat — companies that, in his framing, have walked past state licensing requirements, tribal sovereignty frameworks, and tax obligations that traditional operators carry as fixed costs.
Miller's figure on Kalshi's sports contract volume is the number the room could not stop circling: $190 billion processed, zero in gaming taxes paid. The CFTC's position — that these are derivatives under federal jurisdiction, not gambling under state law — is what makes that figure legally defensible from Kalshi's side. Whether it remains defensible is now a question sitting at the Supreme Court, where a circuit split has made a ruling unavoidable.
The consensus at G2E was that the casino industry will win on the legal merits because states and tribes have the political weight and the regulatory infrastructure. I don't think that's where this lands. The CFTC has now sent two additional rulemakings to the White House for review, which means the federal executive branch is being asked to weigh in on jurisdiction before the courts finish the work. An administration that has shown limited appetite for constraining federally regulated derivatives markets is not the natural ally of state gaming commissions. The political path the casino industry is counting on runs through a White House that may not be waiting for them.
The DraftKings AI litigation and the prediction market jurisdictional fight look like separate stories. They share an assumption: that existing regulatory frameworks are adequate to the technology sitting inside these platforms. The CFTC is now asking the White House to confirm that assumption for one industry. A federal court in Boston will eventually test it for another.
The Commodity Futures Trading Commission classifies prediction market platforms like Kalshi as derivatives under federal jurisdiction rather than gambling under state law. This classification allows platforms to operate without state gaming licenses or tax obligations that traditional casinos carry as fixed costs. The legal defensibility of this framework is now before the Supreme Court, where a circuit split requires resolution.
Daniel Vest's federal lawsuit in Boston alleges that DraftKings used machine learning to identify him as a customer worth pursuing based on losses and signs of problem gambling, then sent him more than seventy promotional messages in a single month without disclosure. DraftKings has publicly denied using artificial intelligence to target customers based on problem gambling signals. The New York Times published testimony from former DraftKings employees describing exactly those systems.
If prediction market platforms retain CFTC derivatives classification rather than falling under state gambling law, states and tribes lose significant tax revenue and regulatory control over a market segment processing hundreds of billions in volume. Bill Miller, chief executive of the American Gaming Association, framed prediction markets at the Global Gaming Expo as a generational threat because they bypass state licensing requirements and tribal sovereignty frameworks. The resolution of this jurisdictional question will determine whether states can tax and regulate these platforms like traditional gaming operators.
Polymarket, Kalshi, and Robinhood operate prediction market platforms where users trade contracts on outcomes; Kalshi alone has processed $190 billion in sports contract volume. These platforms currently operate under CFTC derivatives jurisdiction, which keeps them outside state gaming regulation. If the Supreme Court or federal rulemaking shifts jurisdiction to states, trading volumes and resolution mechanisms on these platforms would face new licensing and tax requirements that traditional sportsbooks like DraftKings already navigate.