The corporate behind Atomic Pockets has requested a United States court docket to dismiss a category motion swimsuit looking 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 docket, the Estonian agency argued it has “no U.S. ties,” and its end-user license settlement required all litigation in opposition to or not it’s filed in its house 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 attributable to 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 obligation was by no means created during which they had been to take care of Atomic Pockets’s safety and shield in opposition to hacking.
“This Court docket has repeatedly rejected related claims as a result of Colorado acknowledges no such obligation,” 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.