Two OpenSea users have dropped their lawsuit against the non-fungible token (NFT) marketplace following OpenSea’s demand for arbitration, CoinTelegraph reported.
The lawsuit, initially filed in September, accused OpenSea of offering unregistered securities contracts by selling NFTs on its platform.
However, a filing from last month revealed that OpenSea argued the plaintiffs had previously agreed to its terms of use. These terms state that disputes would be settled through binding arbitration — a process where a neutral third party hears the case and makes a final decision.
Faced with this response, the users withdrew their lawsuit on November 7. They explained that their aim was to “create a framework” for a sustainable global NFT marketplace, noting that they sought to “accomplish what others have not been able to do” in light of expected regulatory shifts.
The lawsuit came shortly after OpenSea itself received a Wells notice from the U.S. Securities and Exchange Commission (SEC). The notice suggested that the SEC views certain NFTs sold on OpenSea as unregistered securities.
In response, OpenSea joined forces with Coinbase and other companies to establish a $6 million legal defense fund to support those facing regulatory actions from the SEC.
The SEC has increased scrutiny of Web3 companies, targeting several prominent firms over alleged securities law violations. Recently, Immutable received a Wells notice concerning its IMX token, signaling potential legal action.
In other cases, the SEC reached a $750,000 settlement with Flyfish Club, an NFT-based restaurant, over similar allegations. Last year, media company Impact Theory paid a $6.1 million penalty for issuing unregistered NFT securities called “Founder’s Keys,” and the creators of Stoner Cats NFTs were fined $1 million for similar reasons.
This rise in regulatory actions has led some industry organizations to call for clearer guidelines. The Digital Chamber, a blockchain advocacy group based in the U.S., recently urged Congress to classify certain NFTs as consumer goods rather than securities, citing the SEC’s recent enforcement actions, including the one involving OpenSea.
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