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    HomeLearnNew York Is Demanding Kalshi's Customer Data — What It Means for Users
    Guide

    New York Is Demanding Kalshi's Customer Data — What It Means for Users

    Active Litigation
    Accounting Pending
    Lawsuit filed 2026-07-31 · New York Supreme Court, New York County

    What this page covers

    As part of its $36 billion lawsuit against Kalshi, the New York Attorney General asked a court to compel Kalshi to produce records of customer names, wager amounts, and losses. This page explains what the demand covers, how discovery works, whether Kalshi can push back, and what it means for users outside New York.

    What Happened

    On July 31, 2026, New York Attorney General Letitia James and Governor Kathy Hochul filed a civil enforcement petition against KalshiEX, LLC in the New York Supreme Court, New York County. The lawsuit accuses Kalshi of operating an illegal, unlicensed gambling business in violation of New York's Executive Law § 63(12) and Penal Law § 80.10.

    Alongside the standard remedies (a permanent injunction, fines, and disgorgement of profits), New York asked the court for something that directly affects individual traders: a full accounting of customer records. The petition asks Kalshi to produce identity data for every New York account, a transaction-by-transaction record of what customers wagered, and how much each customer lost.

    This is a discovery demand embedded in the lawsuit's relief — not a standalone court order. New York has not yet obtained that data; the court must rule on the petition first.

    2026-07-07Judge Analisa Torres (SDNY) denies Kalshi's preliminary injunction against New York enforcement
    2026-07-29Second Circuit denies Kalshi's emergency motion for TRO pending appeal
    2026-07-31New York AG files $36B civil enforcement petition in state Supreme Court; CFTC files emergency motion in federal court same day
    2026-08-01Kalshi removes state case to federal court (SDNY); New York expected to seek remand

    What Data Is Being Demanded

    The petition asks the court to order Kalshi to produce the following categories of customer information:

    Identity records for each Kalshi customer in New York
    Itemized accounting of each customer wager
    Amount each customer lost on the platform
    Total revenue earned by Kalshi from New York operations

    Source: NY AG verified petition, ag.ny.gov petition PDF. The accounting demand is part of the relief the state seeks, not a separately issued court order. A court must grant it before Kalshi is obligated to comply.

    Will Kalshi Comply? Current Status

    Accounting Pending
    as of August 3, 2026

    Kalshi has not yet been ordered to produce the records — the court must rule on the petition first. By removing the case to federal court, Kalshi adds a procedural step: the federal judge must decide whether to send it back to state court before the state court can act on any accounting order.

    Kalshi's public position, per spokesperson Elisabeth Diana: "It's sad to see this type of political theater from the leadership in our own state. States can't just shut down a federally licensed exchange."

    The CFTC simultaneously filed an emergency motion in federal court arguing that "Kalshi holds a CFTC Designated Contract Market license; federal law preempts state gambling regulations for CFTC-licensed exchanges" — meaning federal law should block the entire state-court action, including any accounting demand.

    For the latest Kalshi status, check kalshi.com directly. This page is updated as primary-source court documents become available.

    Is This Going to Become Public Record?

    Discovery materials exchanged between parties in civil litigation are not automatically public. The default rule is that documents produced in discovery are shared only between the litigating parties — not filed with the court or posted on any docket.

    Stays PrivateDiscovery exchanges between parties are confidential unless a court order changes that. Protective orders can further restrict use.
    May Become PublicIf records are attached to a public court filing (a motion, a brief), they can enter the public record. Courts can seal them on request.
    Protective OrdersCourts routinely issue protective orders in financial enforcement cases shielding individual customer data from public disclosure.

    The New York AG has not announced any plan to publish individual customer records. The accounting demand serves to establish the scale of alleged violations and calculate damages — not to publicly identify every Kalshi user.

    Does This Affect Users Outside New York?

    The discovery demand targets New York accounts. The petition is a New York state enforcement action; its accounting demand is tied to Kalshi's operations within New York.

    The damages formula may reach nationwide revenue. New York's Executive Law § 63(12) allows the AG to seek disgorgement of all profits from the allegedly illegal conduct — which Kalshi's own attorneys estimate could include nationwide gains. This is contested; no court has ruled on the scope yet.

    Precedent risk. If New York successfully compels this accounting, other states pursuing similar enforcement actions may request comparable data production. No other state has issued such a demand as of this writing.

    New York accounts — confirm scope at ag.ny.gov as litigation develops.

    How This Differs from the Privacy Class Action

    NY AG Discovery Demand

    Government plaintiff (state AG)

    Civil enforcement action

    Goal: establish damages scale

    Forum: state court (now removed to SDNY)

    Data sought: NY customer accounting

    Federal Privacy Class Action

    Private plaintiffs (Kalshi customers)

    Negligence / data-misuse claims

    Goal: compensate harmed users

    Forum: federal court

    Data at issue: alleged misuse of user data

    These are two parallel legal tracks that run independently. A court ruling in one does not automatically determine the other. Read the federal privacy class action explainer →

    Primary Sources

    NY AG Press Release — New York Has Sued Kalshi (July 31, 2026)

    NY AG Petition PDF — People v. KalshiEX LLC (ag.ny.gov)

    Frequently Asked Questions

    Related Reading

    NY AG Lawsuit: What It Means for Your AccountNew York Prediction Markets — State HubTwo Legal Attacks Threatening Prediction Markets in 2026