U.S. Court Rules Kalshi Contracts Are Swaps Under CFTC Oversight

A federal judge in Tennessee granted Kalshi a preliminary injunction against state sports betting laws, as its event contracts likely qualify as swaps under the Commodity Exchange Act.

Summary

A U.S. federal judge in Tennessee granted Kalshi a preliminary injunction preventing enforcement of state sports betting laws on its sports event contracts. The ruling, part of the ongoing lawsuit, determined the contracts likely meet the swap definition under the Commodity Exchange Act, placing them under Commodity Futures Trading Commission jurisdiction. This outcome reinforces Kalshi’s position that such event-based contracts, despite parallels to sports betting, are legally swaps when traded on regulated exchanges.

Terms & Concepts
  • CFTC (U.S. derivatives regulator): The Commodity Futures Trading Commission, a federal agency overseeing U.S. derivatives markets including futures, options, and swaps.
  • Swap: A derivative contract in which two parties exchange financial obligations, often for hedging or speculation.
  • Regulated Exchange: A marketplace that operates under government oversight, complying with regulations to ensure transparency and fair trading.