The firm behind Atomic Wallet has requested a United States courtroom to dismiss a category motion suit searching for damages from a $100-million hack, arguing the claims ought to’ve been filed in Estonia, the place it’s primarily based.
In a Nov. 16 dismissal movement in a Colorado District Court, the Estonian agency argued it has “no U.S. ties,” and its end-user license settlement required all litigation towards it to be filed in its dwelling nation of Estonia.
Atomic identified that just one consumer in Colorado was allegedly affected.
The agency additionally claimed the 5,500 allegedly affected Atomic customers agreed to its phrases of service, which expressly disclaims legal responsibility for losses due to theft and limits damages to $50 per consumer.
Atomic stated the plaintiff’s negligence claims additionally lack authorized benefit as a result of a authorized responsibility was by no means created by which they had been to preserve Atomic Wallet’s safety and defend towards hacking.
“This Court has repeatedly rejected similar claims because Colorado recognizes no such duty,” it wrote.
Allegations of fraudulent misrepresentation had been additionally struck down by the Estonian-based pockets supplier.
The plaintiffs launched the class action in August, two months after a $100-million exploit on Atomic Wallet with up to 5,500 customers affected — with each North Korean and Ukrainian teams blamed for the assault.