Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 45 of 47
183. Kalshi’s platform, website(s), software, and/or application(s) are offered in interstate and Indian commerce and in within every state nationwide. Similarly, Kalshi’s false or misleading claims were and are made in commercial advertising and promotion within interstate and Indian commerce. 184. As a direct and proximate result of Kalshi’s false or misleading statements, the Nation has been, and is likely to continue to be, injured. The Nation has suffered, and will continue to suffer, lost sales and lost profits from its protected businesses, as well as continuing damage to the Nation’s business, goodwill, and reputation. 185. The Nation’s immediate and irreparable injuries have no adequate remedy at law, and the Nation is entitled to injunctive relief and up to three times its actual damages and/or an award of Kalshi’s profits, as well as costs and the Nation’s reasonable attorney fees under 15 U.S.C. §§ 1116-17. WHEREFORE, the Ho-Chunk Nation prays as hereinafter set forth below. PRAYER FOR RELIEF Pursuant to its claims and causes of action alleged herein, the Ho-Chunk Nation prays as follows: 1. That the Court declare Kalshi’s sports event contracts to be outside the permissible scope of the CEA as self-certified contracts that involve, relate to, or reference gaming in contravention of the prohibition in 17 C.F.R. § 40.11(a)(1) and, therefore, Kalshi’s contracts constitute illegal class III gaming activity in violation of 18 U.S.C. § 1166 and the IGRA; 2. That the Court declare that Kalshi and Robinhood’s conduct is unlawful class III gaming activity in violation of 18 U.S.C. § 1166 and, therefore, subject to injunctive relief under IGRA, 25 U.S.C. § 2710(d)(7)(A)(ii); 3. That the Court declare that Kalshi, as a self-certifying registered entity,
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