Kalshi assures customers they're protected by the National Futures Association's (NFA) strict rules against deceptive advertising. But Kalshi isn't a member of the NFA, and never has been.
Prediction markets want the credibility of regulation without the constraints. They insist they're investment platforms, not gambling. If so, they should be subject to the same advertising standards as investment firms.
Instead, Polymarket built fake websites so influencers could stage payouts. Kalshi paid "clippers" to post phony winning bets, usually with no disclosure they were ads. One paid partner was a 15-year-old streamer whose partnership only ended after legal caught wind of it.
Real brokerages like Schwab and Fidelity live under strict ad rules from the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). Prediction markets answer to the Commodity Futures Trading Commission (CFTC), which last updated its advertising guidance in 2007, the year the iPhone launched. Its 267 pages of new rules in June set zero standards for marketing.
Writing in
@CityJournal,
@JonathanDCohen1 &
@roundrobin42 of
@aibm_org propose a fix. The CFTC should ban promises of guaranteed winnings, prohibit fabricated or simulated wins, and require paid-partnership disclosure in every ad. And the rules can't stop at the platforms, they have to reach the affiliates as well—the influencers, clippers, and marketing contractors doing the actual work.
The CFTC already requires anyone who brings in customers for a regulated exchange to register as an 'Introducing Broker.' Among other things, registration means joining the NFA and following its ad rules. Apply it to everyone paid to promote prediction markets, and the shadow-marketing efforts of influencers, clippers, and contractors would answer to the very standards Kalshi pretends to follow.
Prediction markets can be genuinely useful—they often forecast elections and events more accurately than pundits or polls. But you can't call yourself an investment platform and advertise like a casino.
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