The Moskowitz Law Firm filed another class-action lawsuit against a crypto firm Thursday, this time alleging that OpenSeaâs customers were sold NFTs as unregistered securities.
The lawsuit brought in a Florida federal court claims that two residents of the Sunshine State sustained damages as a result purchasing NFTs on the platform, which served as a go-to place to purchase digital art and collectibles when the NFT market ran red-hot in 2021 and 2022.
âWe have learned a great deal in our extensive crypto litigation,â Moskowitz Law Firm Managing Partner Adam Moskowitz toldDecryptin a statement. âWith today's ever-changing regulation, there should be a process to sell NFTs in a well-regulated environment.â
The Miami-based law firm is currently litigating against a wide range of crypto firms and their associates, includingFTX and 11 celebritieswho endorsed the collapsed crypto exchange. It has also sued basketball legendShaquille OâNeal over his Solana-based NFT project Astrals, and soccer starCristiano Ronaldo over his promotion of the crypto exchange Binance.
The latest lawsuit alleges that OpenSea engaged in a scheme âto mislead and deceive investorsâ while unjustly enriching itself by charging fees on NFT transactions. The Florida residents believed that NFTs traded on OpenSea were registered securities due to OpenSeaâs representations, a copy of the caseâs complaint shared withDecryptstates.
While the lawsuit does not list damages resulting from NFT purchases, it asserts that NFTs fall under the definition of a security asinvestment contracts. In various enforcement actions, the SEC itself has asserted similar claims, stating that NFT purchasers invested money in a common enterprise with the expectation of profit derived from the efforts of others.
Moskowitzâs lawsuit follows OpenSeaâs disclosure of receiving a Wells notice in August, signaling that the Securities and Exchange Commission (SEC) is likely to sue the marketplace. On Twitter (aka X), OpenSea CEO Devin Finzerdescribed the prospect of an enforcement action against OpenSea as a step into uncharted territory that puts artists at risk.
âThe SEC [is] threatening to sue us because they believe NFTs on our platform are securities,â Finzer, a resident of Miami, said. âWe should not regulate digital art in the same way we regulate collateralized debt obligations.â
As Finzer pointed out, NFTs can represent ownership in many things, including domain names, trading cards, and event tickets. Earlier this week, SEC Commissioners Hester Peirce and Mark Uyedadescribedthe regulatorâs approach to NFTs as âmisguided and overreaching.â
Though the commissioners accused the SEC of an overzealous application of securities laws while targeting anNFT-gated restaurant chain, Moskowitzâs lawsuit argues that âthe SECâsstance on cryptocurrency has always been consistent.â
Last month, the law firm notched a partial win in its case against OâNeal, when a Florida judge ruled that the case could proceed onsome accusations. In Thursdayâs complaint, Moskowitz pointed to OpenSea as a platform where NFTs from OâNealâs Astrals project were available.
OpenSea did not immediately respond to a request for comment fromDecrypt.
https://decrypt.co/250564/opensea-nft-marketplace-class-action-suit-securities?amp=1