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Judge dismisses proposed class action suit alleging Coinbase securities sales

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The decision did not address the question of whether the 79 tokens in questions were securities, but dismissed claims based on the Securities and Exchange Acts.

A proposed class action suit against cryptocurrency exchange Coinbase, Coinbase Global and CEO Brian Armstrong alleging unregistered securities sales was dismissed in the United States District Court of Southern New York on Feb. 1. The suit, filed on March 11, claimed that 79 of the tokens listed on Coinbase were securities being sold without proper registration and customers were not warned of their risks.

The suit brought charges under the Securities Act of 1933 and Exchange Act of 1934 and used the Howey test, established by the U.S. Supreme Court in 1946, to identify the tokens. The plaintiffs argued for each token individually. In his decision, Judge Paul Engelmayer stated regarding Howey claims:

“Were this case to reach summary judgment, this contention would emerge as a central battleground.”

The judge assumed the tokens are indeed securities in his analysis and did not consider claims based on Howey further. He stated that the Coinbase user agreement contradicts the plaintiffs’ claim that Coinbase was the “actual seller” of the tokens. Furthermore, Coinbase did not solicit sales under a strict legal definition. Thus, claims under the Securities Act were dismissed.

The judge stated that the claim under the Exchange Act alleged the presence of a contract involving a prohibited transaction. He dismissed that claim by noting that only the user agreement was liable to that claim, and it “did not necessitate illegal acts.” The judge cited case law throughout the analysis.

BREAKING

Class action lawsuit against @coinbase dismissed by U.S. Judge$COIN up 5% on the news pic.twitter.com/3IXf8m6Kus

— Bankless (@BanklessHQ) February 1, 2023

The plaintiffs’ representation apparently became aware of the flaw in their argument after the suit was initially filed. The March 11 suit was an amended complaint that did not make reference to the user agreement, but that did not sway the judge in his analysis.

Related: Breaking: Coinbase fined $3.6M in the Netherlands

The suit was filed with national claims and claims under California, Florida and New Jersey state law. The national claims were dismissed with prejudice, meaning that the plaintiffs cannot file the same claims again. The state claims were dismissed without prejudice, as the judge determined that the court had not “invested the resources necessary to resolve” the state claims.

A class action suit was filed against Coinbase in the Northern District Court of Georgia in August, claiming the exchange did not do enough to protect user wallets and locked users out of their accounts at high market volatility. It claimed, in addition, “Coinbase does not disclose that the crypto assets on its platform are securities.”

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    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

  • 15.10.25 21:52 harristhomas7376

    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

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