The corporate behind Atomic Pockets has requested a United States court docket to dismiss a category motion go well with looking for damages from a $100 million hack arguing the claims ought to’ve been filed in Estonia the place it is based mostly.
In a Nov. 16 dismissal movement in a Colorado District Court docket the Estonian agency argued it has “no U.S. ties” and its end-user license settlement required all litigation towards or not it’s filed in its residence nation of Estonia.
Atomic additionally argued that just one consumer in Colorado was allegedly affected — which wasn
The agency additionally claimed the 5,500 allegedly affected Atomic customers agreed to its phrases of service which expressly disclaims legal responsibility for losses as a result of theft and limits damages to $50 per consumer
Atomic mentioned the plaintiff’s negligence claims additionally lack authorized benefit as a result of a authorized responsibility was by no means created during which they had been to keep up Atomic Pockets’s safety and to guard towards hacking.
“This Court docket has repeatedly rejected comparable claims as a result of Colorado acknowledges no such responsibility,” 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 took place with as much as 5,500 customers affected — with each North Korean and Ukrainian teams blamed for the assault.