Atomic Pockets Asks To Drop Suit Over $100M Hacking Claim ‘Not US Related’
The company behind Atomic Wallet has asked a US court to dismiss a lawsuit seeking $100 million in hacking damages, saying the claim should have been filed in Estonia.
In a motion for dismissal filed Nov. 16 in a Colorado district court, the Estonian company argued that it “has no US ties” and that its end-user license agreement requires all litigation against it to be filed in its home country of Estonia.
Atomic argued that only one user in Colorado was affected – which it was not
The company said 5,500 Atomic users agreed to the terms of service, which spell out liability for losses caused by theft and limit damages to $50 per user.
Atomic says the plaintiff's negligence claim lacks legal merit because a legal duty to protect the security of Atomic's wallet and protect it from hacking never arose.
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“This court has repeatedly rejected similar claims because it recognizes that Colorado has no duty,” he wrote.
Allegations of fraudulent misinformation have been denied by the wallet provider in Estonia.
The defendants launched the class action in August, two months after a $100 million exploit on Atomic Pocket that affected up to 5,500 users — both North Korean and Ukrainian groups blamed for the attack.
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