If this was about US citizens they should have sued them and not the forex brokers - and they should ask forex brokers to give them a list of their US clients (and then sue the clients).
I work in the legal field and i understand that each country needs to have full control of their taxes (and tax evasion) but suing a company that's not regulated by your country's laws is practically impossible. So that's why i think they are actually suing the US branches of the big companies (if they lose nothing will actually happen to the mother company, but still if there's a fine, they would still be the one who will have to pay - but license wise, the US govt can't do anything to a broker located outside of the US)
This is only for tax evasion purposes and i think US people will find a way to still trade with brokers from outside of the US, whether it be by using an offshore company instead of their own personal name for trading or anything else. They are just trying to stop globalization and keep all the money to themselves - just like they did with online gambling (didn't work - there are still some online casinos/poker rooms that accept clients from the US and are located outside of the US, they have no legal right of shutting them down and they can't even fine them - they can only sue the US citizens using those casinos).
This is not about a taxation. If it would be the leverage, scalping and hedging would not be the CFTC's regulatory issues.
The CFTC simply makes trading impossible for traders with less than $10,000.
The CFTC rules do not apply on individuals trading with $500K plus.
So it is about sucking money from the US stock market.
It is also different than gambling which does not require to be connected to the US based clearing dealers.
The CFTC claims that: "often, the investor’s money is never actually placed in the market through a legitimate dealer, but simply diverted—stolen— for the personal benefit of the con artists."
So license or not a broker can't get connection to a dealer and that is the punishment they can impose in contrast to gambling which is in house operation.
I think the Trading Point may actually prevail but will have to dump US residents.
The US citizens must pay taxes even if they do not reside in the USA, so the first question under the penalty of perjury is "do you have any offshore income" even if you live offshore.
Eventually these rules will lead to a total world's financial collapse and start all over again.