Post
Topic
Board Legal
Re: Is Poloniex liable?
by
Hueristic
on 13/06/2018, 15:33:05 UTC

While I'm not a lawyer in the land of freedom (US of A), but I am qualified in my country of residence (therefore am not able to give this as legal advice so please note this is not that, just my quick thoughts). I've had a quick look and I wouldn't classify this as extortion. They are not asking for your property (the closest possible ground) they are asking for your personal information. This is really just a breach of contract issue. When you deposit money to Poloniex is is similar to depositing it with a bank, the money is no longer yours but the property of the bank. They essentially become a debtor to you and are answerable to repay the money.

So in short this is not criminal behavior, it is a civil dispute. You may be able to file for breach of contract in your state of residence but i would recommend reading over Poloniex's terms on conditions (always a good idea when someone is being a pain) to see if they have contractually set the state of contract as their home state, which i believe is Delaware.

Another thing to look at could be around any fair trading/consumer guarantees legislation and regulatory bodies that could slap them over the wrist.

I think you mis-read my complaint. I am not complaining they are requiring KYC.

I am complaining that in order to complete KYC you must AGREE to their Terms of Service which waives your civil rights to Sue them and I will not waive those rights.


Hi, I understood your complaint and i apologise if my response was too compact and open to interpretation. I was stating that they are not extorting anything because they are not asking for your property they are asking for your personal information (which is not your property) or a waiver of contractual remedy. As noted they are looking to change the contractual relationship between yourself and them and this cannot be done unilaterally and you have the right to refuse and enforce the contract to receive the money you have deposited with them (which is THEIR property at this point). They are not required to continue to provide the same services however and so you cant enforce continuation of trading with previous terms.

No, they are not asking for my property they are holding it and not releasing it without me agreeing to their new contract. they have made it impossible for me to withdraw without agreeing to their new contract. I am not requiring them to provide any service other than release of my property which as you sated is their property ATM.

I finally got through to the Delaware investor protection agency, previously the Delaware office of securities and they have directed me to file a complaint with this form.

https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2017/03/invetorprotectioncomplaintform-3.pdf

But in speaking with them I do not think they will do a damn thing. The spokesman from them specifically just because a company is registered in Delaware does not mean that it is located in Delaware and that they will only investigate companies physically located in deleware. So they want me to do the footwork for them and I have no clue where circle is. I'll have to look this shit up later and get Circle's address and probably file there or I should probably just file where goldmann sachs is located at  200 West Street in Lower Manhattan.

I think NY attorney Generals office should be my next call, I haven't heard back from my local AG's office. They are a bunch of tards that have no clue who has jurisdiction over what and where. By the time this gets rolling I'll end up being the target mark my words thats american justice.