Sports bets on prediction markets ruled to be "swaps," exempt from state laws

Ars Technica
April 6, 2026
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1 min read

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The Bottom Line

Sports bets on prediction markets are now considered "swaps" and are exempt from state gambling laws.

How This Affects You

This reclassification could change the regulatory landscape for online betting, potentially affecting how you can participate in or be regulated for sports prediction markets.

AI Summary

A federal appeals court ruled that New Jersey cannot regulate sports bets on prediction markets, stating the US Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction. This decision upheld a preliminary injunction won by Kalshi, a CFTC-registered designated contract market (DCM), against the New Jersey Division of Gaming Enforcement. The injunction, issued by a district court, was affirmed today in a 2-1 decision by judges at the US Court of Appeals for the 3rd Circuit. The ruling means the CFTC's exclusive jurisdiction over DCMs under the Commodity Exchange Act preempts New Jersey gambling laws. This prevents New Jersey from enforcing its state law against Kalshi's sports-related event contracts.

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