Yes, but treat it as a higher-risk client tier rather than a like-for-like swap for standard sportsbook work. Sports prediction markets such as Kalshi and Polymarket sit inside an unresolved federal-versus-state legal fight: the CFTC claims exclusive jurisdiction over their contracts as federally regulated derivatives, while a growing list of state gaming regulators call the same contracts unlicensed sports betting. Until that split reaches the Supreme Court, a link building relationship with a prediction-market operator carries jurisdictional risk on top of the usual YMYL scrutiny — manageable, but only if you scope, contract and price for it upfront.
This isn't hypothetical. In 2026 alone, New York sued Kalshi, the CFTC invoked emergency powers to keep the platform running, and two federal appeals courts reached opposite conclusions on federal preemption. Here's what agencies need to know before taking on a prediction-market client.
What are sports prediction markets, and why do they look like sportsbooks?
A sports prediction market lets users trade "event contracts" that pay out based on the outcome of a game — will Team A win, will a player hit a given stat line. Platforms like Kalshi and Polymarket structure these as regulated derivatives, traded and priced the way a futures contract is, rather than as fixed-odds bets placed with a bookmaker.
The distinction is legal and structural, not experiential. To a user, and to the content built around these platforms, a market page reads almost identically to sportsbook content — implied probabilities instead of odds, in-play price movement instead of live lines, and the same win/loss framing. That resemblance is exactly what state gaming regulators are pointing to when they argue the products are wagers by another name.
Why is there a fight between the CFTC and state regulators?
Kalshi operates as a CFTC-registered Designated Contract Market, which lets it list event contracts nationally under one federal registration instead of applying for a sports betting license state by state. The CFTC's position is that Congress gave it exclusive jurisdiction over derivatives and that a patchwork of state gaming law can't apply to a nationally traded financial instrument.
State regulators reject that framing outright: if the contract's payout depends on who wins a football game, they argue, it is sports wagering under state law regardless of what federal statute it's listed under — and unlicensed sports wagering is exactly what their gaming commissions exist to police. The fight escalated sharply in mid-2026 when the CFTC used its emergency authority — invoked only a handful of times in the agency's history — to order Kalshi to keep operating in New York after the state's Attorney General sued to shut its sports markets down.
Which states have taken action, and where does the case law stand?
More than a dozen states now have active enforcement, litigation, or cease-and-desist activity against prediction market operators, and the courts are split on who wins:
- New York — the state Attorney General sued Kalshi on July 31, 2026; the CFTC answered days later with an emergency order compelling Kalshi to keep operating in the state
- Nevada — the Ninth Circuit ruled 3-0 on August 28, 2026 that federal law does not preempt state gambling regulation, reviving the Nevada Gaming Control Board's authority to enforce
- New Jersey — sent a cease-and-desist letter, then won on appeal instead: the Third Circuit sided with Kalshi, creating a direct split with the Ninth Circuit's Nevada ruling
- Arizona — pursuing criminal charges against Kalshi over state gambling law; the CFTC has counter-sued the state, alleging its enforcement interferes with federal jurisdiction
- Illinois, Connecticut, Minnesota, Wisconsin — named in a CFTC lawsuit seeking to block state enforcement against prediction-market platforms
- Tennessee — a federal district court granted Kalshi a preliminary injunction in February 2026, months before the Ninth Circuit's contrary ruling in Nevada
- Ohio, Maryland, Massachusetts — among roughly a dozen states that have sent cease-and-desist letters demanding operators obtain a state sports betting license
What does this mean for SEO and link building specifically?
Google has no separate quality framework for prediction markets — content that discusses odds-style pricing on sports outcomes gets read the same way sportsbook and casino content does: as a Your-Money-Or-Your-Life topic held to a higher trust bar, where the site's authority and its backlink profile both get extra scrutiny.
The added complication is that the legal ambiguity spills into publisher behaviour. A gambling-adjacent publisher who is comfortable running a casino guest post may still decline a prediction-market pitch simply because "is this even legal" doesn't have a settled answer in their state — and the Ninth Circuit's ruling that sports event contracts function as gambling under state law gives cautious editors a concrete reason to say no. Anchor text and content claiming a platform is simply "available" or "legal" nationwide is also now factually risky to publish, given operators are actively geofencing individual states in response to active enforcement.
How should agencies price, scope and contract this vertical?
Structurally, price and pace this the same way you'd approach any higher-risk gambling account — the same principles from retainer versus one-off decisions and gambling link budgets apply, just with a risk premium layered on top rather than a different playbook. A one-off engagement, reviewed and re-scoped every time a major ruling lands, is the more defensible starting structure than an open-ended monthly retainer while the legal picture keeps moving state by state.
Before signing, agencies should get comfortable answering three things: which states the client's target traffic actually comes from, whether any of those states currently have active enforcement or a cease-and-desist in place, and how quickly the engagement can pause or pivot if a court ruling changes the client's legal footing overnight. Forbes reported that the CFTC itself has sued individual states to protect operator access — a sign of how fast the ground can shift under a campaign that isn't built to move with it.
Is it worth taking on prediction-market clients right now?
For an agency that already runs a mature gambling compliance process — vendor vetting, jurisdiction checks, a documented pause trigger — yes: it's a genuinely new, fast-growing vertical with real link building demand and comparatively little competition for topically relevant coverage. For an agency without that infrastructure already in place, it's the wrong account to use as a first attempt at building it, given how directly the Supreme Court's eventual ruling could change what's sellable in any given state overnight.
The gambling link building packages framework doesn't change for this vertical — relevant sources, natural anchors, controlled velocity — but the compliance layer sitting on top of it needs to be tighter than for an established, single-jurisdiction sportsbook client, and priced accordingly.
Sources
- CFTC — Order Directing Kalshi to Continue Operations (Release 9185-26)
- U.S. Court of Appeals for the Ninth Circuit — Opinion, Kalshi v. Nevada (Aug. 28, 2026)
- CNBC — Appeals Court Rules Against Prediction Markets, Tees Up Supreme Court Fight
- Forbes — Prediction Market Regulator Sues 3 States as Kalshi Wins in New Jersey
- Holland & Knight — Ninth Circuit Upholds State and Tribal Authority Over Sports-Related Event Contracts
- DLA Piper — Legal Status at Odds: Tracking Developments in Prediction Markets and Sports Betting
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iGaming link building & gambling SEO
Written and fact-checked by the iGaming Links team — the people who source, vet and place gambling backlinks across a network of 60,000+ casino and mainstream domains every week. Our guidance comes from running real guest-post, niche-edit and PBN campaigns for SEO agencies, iGaming operators and affiliates, not from theory.