The company behind Atomic Wallet is asking a U.S. court to dismiss a class-action lawsuit seeking $100 million in damages from hackers, arguing that the claims should be brought in Estonia, where it is based.
In a motion to dismiss filed in Colorado District Court on November 16, the Estonian company argued that it had “no nexus with the United States” and that its end-user license agreement required all lawsuits against it to be filed in its home country of Estonia.
Atomic also argued that only one user in Colorado was allegedly affected — and that user was not affected.
The company also claims that the 5,500 Atomic users allegedly affected agreed to its terms of service, which expressly disclaim liability for losses resulting from theft and limit losses to $50 per user.
Atomic said the plaintiffs’ negligence claims also lacked legal merit because they never established a legal obligation to maintain the security of Atomic wallets and prevent hackers.
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“This court has repeatedly rejected similar claims because Colorado does not recognize such obligations,” it wrote.
The Estonian wallet provider also dismissed claims of fraudulent misrepresentation.
The plaintiffs launched the class action lawsuit in August, two months after a $100 million attack on the Atomic wallet affected as many as 5,500 users, with both North Korean and Ukrainian groups blamed for the attack.
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