NFT collector sues OpenSea for locking account after being scammed

NFT collector sues OpenSea for locking account after being scammed
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A nonfungible token (NFT) collector is taking legal action against the OPENSEA NFT marketplace for several allegations, including being locked out of his account for more than three months after being a victim of a phishing scam. 

Opensea user robbie acres said cointelegraph that after its nfts were stolen by a phishing scam, it immediately notified the nft market. However, the data collector claims to have encountered a great deal of trouble. Acres explained that:

“They took over 48 hours to respond, by which time the stolen assets had been sold as the buyer significantly undervalued them in prioritizing pace over value.”

The DTV market also reacted by locking its account in order to avoid further damage. However, based on the acreage, that was not the solution he was asking for. "Opensea held my ransom for more than three months despite repeated requests to release my assets," he said. The investor also claims that opensea asked him to perjure himself with an account release statement.

One of both stolen items. Credit: Robby Arpents.

The LNP investor believes that the market should be held responsible for losses in this period. Acres is satisfied the estimated losses due to the shares of opensea are $500,000.

"Either out of intent or incompetence, opensea shares have caused me significant financial losses because I am an active investor in the web3 community," he said. For that reason, acres used legal assistance to take action against opensea.

Enrico Schaefer, the lawyer who runs Acres' legal team, said it's not a one-off. Counsel confirmed that there are multiple individuals dealing with the same matter. Schaefer explained:

“I have spoken with and represent several people who had their NFTs stolen or accounts compromised on the OpenSea marketplace. In some cases, opensea recognises its failures and renders the owner of the entire account. In others, OpenSea just doesn't know the problem."

Apart from this, the lawyer commented that “OpenSea needs to focus on its customers, the people buying and selling NFTs, rather than be blinded by growth, investor dollars and gross revenue.”

Related: New NFT private auction scam threatens OpenSea users

When asked about the issue with Acres, an OpenSea spokesperson told Cointelegraph that:

“The theft in question took place outside of OpenSea and the items were sold before OpenSea became aware of the reported theft. Shortly after being notified, we deactivated the articles and the user's account has since been unlocked."

The platform also highlighted that it has invested in tools and staff to prevent and detect theft and stop the resale of stolen items in its platform. They wrote:

“Theft is one of the biggest and most challenging ecosystem issues to solve because it happens across many different digital surface areas and through many unique (and legitimate) communication channels.”

On Aug. 11, 2022, the NFT marketplace introduced a new stolen item policy to incorporate and expand the use of police reports. In response, some users have taken to twitter to claim that when their nft was stolen, opensea was not able to help.