A Bitcointalk.org user found that his account had been hacked and funds stolen after someone used a fake email address to open an account at OpenSea, a cryptocurrency exchange. The victim has filed suit in federal court against the company for failing to detect the scammer’s identity before it was too late, as well as other charges including negligence and fraud.,

The “bored ape yacht club” is a cryptocurrency trading platform that was hacked in December of 2018. The company is now suing the company for $1 million.

Bored Ape Theft Victim Files $1 Million Lawsuit Against OpenSea

A unhappy NFT fan has filed a lawsuit against NFT marketplace giants, OpenSea, after his Bored Ape Yacht Club (BAYC) NFT accidentally sold for 0.01 ETH ($26). Timothy McKimmy, a Texan who goes by the moniker Timothy, is seeking $1 million in damages and/or the restoration of his pet Bored Ape. 

McKimmy alleges that his Bored Ape #3475, which is in the top 14th percentile in terms of rarity, was taken from him as a result of an attack that enabled hackers to purchase NFTs for a fraction of its market value. According to McKimmy’s statements, and as most burglars would do, the item was quickly sold when it was seized, for a profit-heavy price of 99 ETH ($250,000). 

The assertion that OpenSea was fully aware of the problem and that the platform’s leaders simply decided to continue trading in the interest of profit forms the backbone of McKimmy’s judicial endeavor, and it may disturb him nearly as much as the claimed theft of his asset. 

To add to his dissatisfaction with OpenSea, McKimmy claims to have frequently contacted the platform in order to begin correcting the problem, but their answer that they are “currently investigating” seems to be fake, since no action has been taken since.

McKimmy is one of many NFT holders who has been harmed by the ‘inactive listing’ scam, but his decision to file a lawsuit is the first of its type. If successful, the case might create a legal precedent, with ‘McKimmy’ becoming the rescuer of all future ‘inactive listing’ victims.

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