Court rules Kalshi sports bets aren't 'swaps,' just gambling with a different name
Summary
The Commodity Futures Trading Commission (CFTC) has sued states attempting to regulate prediction markets, claiming exclusive jurisdiction. The Commodity Exchange Act defines a swap as a transaction dependent on an event with a financial consequence. In a ruling, Judge James Nelson determined that sports event contracts offered by Kalshi are sports gambling, regardless of the company's label. The court rejected Kalshi's argument that a broad reading of the legal definition of a swap would preempt Nevada law. Judge Kenneth Lee concurred, arguing that the outcome of a sporting event does not fit the statutory definition of a 'swap' because it lacks a significant financial or economic consequence.
(Source:Ars Technica)