OpenSea in troubled waters; faces 3 lawsuits over stolen BAYC NFTs

OpenSea in troubled waters; faces 3 lawsuits over stolen BAYC NFTs

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OpenSea is neck-deep in trouble; faces 3 lawsuits over stolen BAYC NFTs


OpenSea’s trouble woes continued to pile up after a year rife with hacks and scams that have already played havoc on the world’s largest NFT platform. As per sources, the Nft marketplace is now facing three separate lawsuits from plaintiffs who lost access to their Bored Ape Yacht Club NFTs.

Texas native Timmy McKimmy and Michael Valise of New York both claimed to have lost Bored Apes in a hack that exploited a known security vulnerability in OpenSea’s code. The third plaintiff Robert Armijo, of Nevada, said he lost his NFTs in a social engineering attack which he blamed was caused due to the platform’s negligence.

As per court filings, McKimmy also failed to get compensation for the lost assets despite numerous requests with the platform though OpenSea allegedly told him that it was “actively investigating” the issue.

OpenSea Has Prioritized Growth over Consumer Safety- Court filings

According to the court documents, Armijo suggested a certain website and the user sent him a link to it, claiming that they had already uploaded their NFTs. As he clicked the link, his wallet containing his two Mutant Apes and his Bored Ape, along with some cryptocurrency, was drained off.

Armijo then attempted to contact OpenSea to freeze his assets, But he reportedly encountered numerous obstructions. “Mr. Armijo tried to find a phone number to contact the customer service, but no such number exists,” read the court documents. He next went to OpenSea’s Discord server.”

There too, Armijo didn’t receive any responses. As this critical window of time closed, the plaintiff found his stolen Bored Ape was listed on OpenSea and sold off two hours after the hack.


Armijo accused the platform’s delayed reply who after 4 hours responded to Armijo’s help tickets and froze his Mutant Apes. Meanwhile, the hacker listed the Mutant Apes on LooksRare, where they were sold almost immediately. Armijo is also suing LooksRare.

“OpenSea has prioritized growth over consumer safety and the security of consumer’s digital assets,” the complaint reads.

The complaint cited the example of an approval process that OpenSea used to have, which required that NFTs be verified before upload by their proper owner. The process was discontinued in March 2021, since then thefts became rampant since then, it claimed.

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