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Atomic Wallet Pleads Disconnection from $100M Hack Lawsuit, Citing Absence of US Ties

By James Dean
Nov 20, 2023
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The entity responsible for Atomic Wallet has moved to dismiss a class-action lawsuit filed in a U.S. court, seeking $100 million in damages from hackers. This motion, filed on November 16 in Colorado District Court, asserts that the claims should be handled in Estonia, the company's home jurisdiction.

Arguing against the U.S. court's jurisdiction, the Estonian company emphasized its lack of connection to the United States. It highlighted its end-user license agreement, which stipulates that any legal disputes involving the company must be initiated in Estonia. Notably, Atomic pointed out that the alleged impact was limited to just one user located in Colorado.

Atomic Wallet further cited that the affected 5,500 users had consented to its terms of service, explicitly releasing the company from liability related to losses resulting from theft. Additionally, the terms restricted losses to a maximum of $50 per user. The company underscored the negligence claims' lack of legal foundation, contending that it wasn't legally obligated to ensure the security of Atomic wallets or prevent hacker intrusions. The motion cited past instances where similar claims were dismissed in Colorado due to the state's lack of recognition regarding such obligations.

Moreover, the Estonian wallet provider refuted claims of fraudulent misrepresentation made by the plaintiffs. The class action lawsuit was initiated in August, following a $100 million attack on Atomic wallets that affected around 5,500 users. This attack, attributed to both North Korean and Ukrainian groups, prompted the legal action against the wallet service provider.

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