YouTubers Kyle Forgeard and John Shahidi, often called the Nelk Boys, are asking a California court docket to dismiss a lawsuit accusing them of deceptive patrons of their Metacard non-fungible token (NFT) mission.
The Metacard NFTs launched in January 2022, with 10,000 tokens priced round 0.8 ETH
The case, introduced on January 29 on behalf of people that purchased the NFTs, claims the 2 promoted the Metacards by promising particular perks and entry to a non-public neighborhood, which the plaintiff stated by no means absolutely materialized.
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It additionally accuses them of continuous to share deceptive updates after the sale, in an try to forestall patrons from realizing they’d been misled.
Nevertheless, the Nelk Boys’ authorized group said that the lawsuit doesn’t meet primary authorized requirements for fraud. Their attorneys argued that the plaintiff was supplied a full refund with curiosity after the NFT market fell—and turned it down.
The lawsuit additionally fails to call any particular false statements made earlier than the Metacards had been offered. Their attorneys wrote:
Plaintiff might remorse his buy—and turning down a full refund. However remorse doesn’t plead fraud. The grievance needs to be dismissed.
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