DKeX, Fanduel Predicts Limit Market Access in Utah While Fanatics Pulls Markets

Three prediction market operators have restricted access to contracts for people in Utah following Utah Attorney General Derek Brown's filing criminal charges against Kalshi and its co-founders. However, the restrictions vary by platform and most operators have responded by not responding.

Utahans will soon lose access to FanDuel Markets altogether, while DKeX and FanDuel Predicts have taken certain markets off the board in the state. It's a taste of what could come if Brown's efforts are successful, and it represents a calculated risk for the platform operators.

DKex, Fanatics Markets, FanDuel Predicts alter course in Utah

Company representatives have confirmed recent and forthcoming changes to the offerings on the designated contract markets (DCMs) DKeX, Fanatics Markets, and FanDuel Predicts. DKeX and FanDuel Predicts have already stopped processing contracts related to culture, politics, and sports in Utah.

Other contracts connected to events in financial markets remain available on both DCMs in Utah. Fanatics is taking a more cautious approach with Markets.

At 8 a.m. Utah time on Wednesday, Nov. 4, 2026, Fanatics Markets will desist processing any trades that people in Utah attempt to initiate. Fanatics has been selective about which jurisdictions it offers Markets in, electing not to do so in states that have regulated systems for online gambling.

However, waiting until Wednesday morning to block Utahans' access to Markets leaves room for Fanatics to capture remaining trading fees related to the 2026 elections in the United States. It also represents an approach that companies like DraftKings, Fanatics, and FanDuel are uniquely positioned to take.

A less costly precautionary maneuver for DraftKings, Fanatics, and FanDuel

While DraftKings, Fanatics, and FanDuel are lagging behind in the US in terms of DCM market share, there is an upside to that standing in terms of the dispute over the legality of DCM trading. These three companies can cautiously curtail their offerings to avoid legal entanglements more easily than Kalshi or Polymarket.

DraftKings, Fanatics, and FanDuel have revenue streams of traditional online gambling that Kalshi and Polymarket lack. Voluntarily curtailing access to politics and sports contracts in any US state bears a higher cost for Kalshi and Polymarket, therefore.

Brown is trying to force the issue for all DCM operators and all types of contracts in Utah. The ongoing litigation involving Utah and across the US is a reason why some operators like Polymarket are taking a more passive approach.

Multiple levels of litigation set to play part in the future of DCMs

Civil and criminal proceedings in multiple federal courts and Utah state courts could affect DCM trading in Utah, if only on a temporary basis.

• Utah's civil lawsuit against Kalshi in state court

• Utah's criminal cases against Kalshi and its co-founders

• Kalshi's civil lawsuit against Utah Gov. Spencer Cox on appeal at the US 10th Circuit Court

• The US government's civil case against Utah

• Three petitions for review of two cases currently before the Supreme Court of the United States (SCOTUS)

At this time, the US District Court for the District of Minnesota and the 10th Circuit have refused Kalshi a preliminary injunction against Utah officials. The same district court judge is presiding over the US government's case against the state.

The 10th Circuit has yet to rule on the merits of Kalshi's case against Utah officials. SCOTUS has not announced whether it will grant any of the petitions.

The disparate litigation means the situation could change quickly in Utah and that could be part of why Polymarket and others have taken a "wait and see" approach. Favorable decisions for Kalshi or the US Commodity Futures Trading Commission could point toward DraftKings, Fanatics, and FanDuel having been overly cautious.

However, they can afford to be overly cautious in this context. DCMs are just part of their business, whereas for Kalshi's, it's the only game in town.