SDNY Accepts Argument That Crypto Is Subject to Electronic Fund Transfer Act/Regulation E

April 6, 2023

In an Opinion and Order issued on February 22, 2023, Judge Denise Cote of the Southern District of New York (“SDNY”) permitted class action plaintiffs to survive a motion to dismiss and proceed against Uphold HQ, Inc. on a variety of claims, including that cryptocurrency is subject to the Electronic Fund Transfer Act (“EFTA”) and Uphold failed to comply with the disclosure and other requirements of the EFTA.

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