The Estonia-based firm noted that only one plaintiff in the class action lawsuit is actually based in Colorado, where the suit was filed.
The company behind Atomic Wallet has asked a United States court to dismiss a class action suit seeking damages from a $100-million hack, arguing the claims should’ve been filed in Estonia, where it’s based.
In a Nov. 16 dismissal motion in a Colorado District Court, the Estonian firm argued it has “no U.S. ties,” and its end-user license agreement required all litigation against it to be filed in its home country of Estonia.
Atomic pointed out that only one user in Colorado was allegedly affected.
The firm also claimed the 5,500 allegedly affected Atomic users agreed to its terms of service, which expressly disclaims liability for losses due to theft and limits damages to $50 per user.
Atomic said the plaintiff’s negligence claims also lack legal merit because a legal duty was never created in which they were to maintain Atomic Wallet’s security and protect against hacking.
“This Court has repeatedly rejected similar claims because Colorado recognizes no such duty,” it wrote.
Allegations of fraudulent misrepresentation were also struck down by the Estonian-based wallet provider.
The plaintiffs launched the class action in August, two months after a $100-million exploit on Atomic Wallet with up to 5,500 users affected — with both North Korean and Ukrainian groups blamed for the attack.
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