Timothy McKimmy, the US man who says he lost his non-fungible token (NFT) due to a problem related to the design of OpenSea’s user interface (UI), has filed a lawsuit against the NFT marketplace, claiming that the platform was aware of the problem, but did not “take adequate security measures in a timely manner”.”
In a complaint to the Federal Court of Texas, the plaintiff claimed that his NFT, *Bored Ape *# 3475, was sold without his consent for a fraction of its actual value. He said that the buyer managed to acquire the NFT for ETH 0.01 (USD 25) and immediately resell it for ETH 99 (USD 251,300).
“Instead of shutting down its platform to address and fix these security issues, Microsoft continued to work. The defendant risked the security of the NFTs and digital vaults of its users in order to continue to collect 2.5% Of each transaction continuously”the complaint says, accusing OpenSea of negligence and failure to ensure the security of the platform.
According to Rarity Tools, the Bored Ape in question is one of the top 1,400 of the -part collection in terms of rarity. According to the same source, Mckimmy’s Ape NFT is significantly less common than Bored Ape#3001, which was last sold to Canadian singer Justin Bieber for ETH 500 (USD 1.4M).
McKimmy pointed this out and said he was looking for “the return of the bored monkey”..] And/Or damages over [USD] 1 million.”
Has asked OpenSea for a comment.
As reported, in January some opportunists were able to buy NFTs below their actual price due to a problem with OpenSea. In a statement to * *, the platform explained that the problem occurs when users create listings for their NFTs and then transfer the listed NFTs to another wallet without canceling the listing.
“OpenSea cannot cancel entries on behalf of users. Instead, users have to cancel their own entries,” OpenSea said at the time.
Apart from McKimmy, a number of other users have also reported the sale of their blue-chip NFTs without their consent.
OpenSea has refunded ETH 750 (USD 1.9M) to the affected users. However, the reimbursement could only cover a very small part of the losses.
Meanwhile, OpenSea has also been the victim of a phishing attack at the weekend. The platform managed to narrow the list of people affected, but could not establish the exact cause of the problem.
You said today that your contract migration tool has been excluded as a vector for the attack, adding that it is “safe to migrate your offers.”
The attack no longer seems to be active, but we continue to monitor. We have not seen any activity from the attacker’s wallet for > 36 hours. We’re still investigating.
- OpenSea (@opensea) February 22, 2022
In the meantime, the list of affected persons has been narrowed to 17.