Author

Topic: Can i sue mtgox? (Read 1409 times)

newbie
Activity: 9
Merit: 0
December 23, 2013, 10:05:10 PM
#16
I think you cannot sue mtgox, I mean you can sue but you will lose.

The problem is that you didn't verify your account. This means that they can never know if you are the real owner of the bitcoin.
You could just have moved the coins yourself and then try to double them by blaming mtgox. Since your google account got hacked, how could mtgox know anything?

If you had a key to your safe, but the bank does not know your identity. Then how can they be blamed for the usage of that key? Obviously they cannot know who is the real owner and who is the hacker? How can they know that it is the owner that requests the funds to be frozen? Mtgox will claim that the funds have been stolen in November.

I am very sorry your coins have been stolen. However, I wouldn't advice trying to sue and spend even more money. Since you are in China and you would need to sue a Japanese company it will even complicate more.

You could try to keep talking to Mtgox and they might try to refund if they are nice.

thank you melacs
i remember when someone register on mtgox some information need submit and it can not be changed

First name   
Middle Name   
Last name
Date Of Birth   
Country Of Birth


it means the hacker use my identity to pass the verification
There is, I have warned them that and they have promised to freeze withdrawals.
  Finally,  the money was withdraw!

If you realized your account had been hacked before the BTC was taken, you should have withdrawn them immediately instead of asking gox to freeze your account.  I'm sorry to say, but this is completely your fault, Mt. Gox is not liable at all.

I hope you get your BTC back and I hope that all the BTC taken was from profit and not purchased.  I'm sorry they were taken!

hi tr4l
my account no verification,it can not do any withdraw
the 80 bitcoins was exist on mtgox since 2011.6
because i want hold it for a long time, i think maybe dont get verification will safe more.
thats why i dont try to get verification.
newbie
Activity: 9
Merit: 0
December 23, 2013, 09:56:52 PM
#15
You're holding 4k+USD on gox without doing proper security measures? Even though gox, like every other financial service provider, advised you repeatedly to do so? I mean, it's not like gox offers yubikey and OTP-Card for fun. You risked 4k+USD because you didn't meet the common security standard, which in this case are a few bucks for 2FA. Now you quibble over details avoiding the fact you did a reckless mistake. I'm sorry for your loss and maybe you should sue gox, because we don't do fun about the money. But I still can't take it when somebody pins all the blame for his/her own faults on other parties involved, just because they are involved. I wish you get your money back and hope you secured you other accounts accordingly. Please report back when you sued gox and what the outcome was. Thank you.

hello agent thx 4 your reply

Maybe my words are not clear enough
4400 dollars is on my btce account
it is an ordinary case, I lost my password, hacker enter btce account and transfer money directly
This is mainly my fault

mtgox account a total of 80 bitcoins
First mtgox have received my warning, and they promise to freeze withdrawals.
And because I do not have vertification, it can not do any withdraw.
but finally, mtgox accepted and pass the fake document which submit by hacker, . let him stolen all bitcoins

i know lost password is my fault so i never try to ask btce to get back  my money .
but  mtgox should be punished
newbie
Activity: 41
Merit: 0
December 23, 2013, 09:08:52 PM
#14
Quote
If you realized your account had been hacked before the BTC was taken, you should have withdrawn them immediately
Rule No. 1: When in doubt, sweep the coins
Rule No. 2: When something seems fishy, withdraw withdraw.
member
Activity: 78
Merit: 10
December 23, 2013, 02:51:00 PM
#13
I think you cannot sue mtgox, I mean you can sue but you will lose.

The problem is that you didn't verify your account. This means that they can never know if you are the real owner of the bitcoin.
You could just have moved the coins yourself and then try to double them by blaming mtgox. Since your google account got hacked, how could mtgox know anything?

If you had a key to your safe, but the bank does not know your identity. Then how can they be blamed for the usage of that key? Obviously they cannot know who is the real owner and who is the hacker? How can they know that it is the owner that requests the funds to be frozen? Mtgox will claim that the funds have been stolen in November.

I am very sorry your coins have been stolen. However, I wouldn't advice trying to sue and spend even more money. Since you are in China and you would need to sue a Japanese company it will even complicate more.

You could try to keep talking to Mtgox and they might try to refund if they are nice.

thank you melacs
i remember when someone register on mtgox some information need submit and it can not be changed

First name   
Middle Name   
Last name
Date Of Birth   
Country Of Birth


it means the hacker use my identity to pass the verification
There is, I have warned them that and they have promised to freeze withdrawals.
  Finally,  the money was withdraw!

If you realized your account had been hacked before the BTC was taken, you should have withdrawn them immediately instead of asking gox to freeze your account.  I'm sorry to say, but this is completely your fault, Mt. Gox is not liable at all.

I hope you get your BTC back and I hope that all the BTC taken was from profit and not purchased.  I'm sorry they were taken!
legendary
Activity: 3192
Merit: 4373
diamond-handed zealot
December 23, 2013, 10:13:10 AM
#12
same password with mtgox

 forgot to change gmail password

so you admit you used insecure practices, and even fucked it up when you might have had a chance to regain control


and now you want the state to hold your hand and make it all better



my advise, stay away from bitcoin, you are not ready for it
legendary
Activity: 3654
Merit: 1217
December 23, 2013, 10:06:48 AM
#11
thank you melacs
i remember when someone register on mtgox some information need submit and it can not be changed

First name   
Middle Name   
Last name
Date Of Birth   
Country Of Birth


it means the hacker use my identity to pass the verification

This is unbelievable. How came he got your ID papers? Either you stored your scanned copies in a compromised system, or someone close to you did the hack.
full member
Activity: 198
Merit: 100
December 23, 2013, 09:22:45 AM
#10
You're holding 4k+USD on gox without doing proper security measures? Even though gox, like every other financial service provider, advised you repeatedly to do so? I mean, it's not like gox offers yubikey and OTP-Card for fun. You risked 4k+USD because you didn't meet the common security standard, which in this case are a few bucks for 2FA. Now you quibble over details avoiding the fact you did a reckless mistake. I'm sorry for your loss and maybe you should sue gox, because we don't do fun about the money. But I still can't take it when somebody pins all the blame for his/her own faults on other parties involved, just because they are involved. I wish you get your money back and hope you secured you other accounts accordingly. Please report back when you sued gox and what the outcome was. Thank you.
newbie
Activity: 9
Merit: 0
December 23, 2013, 06:47:38 AM
#9
I think you cannot sue mtgox, I mean you can sue but you will lose.

The problem is that you didn't verify your account. This means that they can never know if you are the real owner of the bitcoin.
You could just have moved the coins yourself and then try to double them by blaming mtgox. Since your google account got hacked, how could mtgox know anything?

If you had a key to your safe, but the bank does not know your identity. Then how can they be blamed for the usage of that key? Obviously they cannot know who is the real owner and who is the hacker? How can they know that it is the owner that requests the funds to be frozen? Mtgox will claim that the funds have been stolen in November.

I am very sorry your coins have been stolen. However, I wouldn't advice trying to sue and spend even more money. Since you are in China and you would need to sue a Japanese company it will even complicate more.

You could try to keep talking to Mtgox and they might try to refund if they are nice.

thank you melacs
i remember when someone register on mtgox some information need submit and it can not be changed

First name   
Middle Name   
Last name
Date Of Birth   
Country Of Birth


it means the hacker use my identity to pass the verification
There is, I have warned them that and they have promised to freeze withdrawals.
  Finally,  the money was withdraw!
newbie
Activity: 9
Merit: 0
December 23, 2013, 06:32:04 AM
#8
It's not their fault your account got hacked.

No. In this case the Mt Gox is also equally responsible for the hack. They were the ones who accepted fake documents from the hacker and passed them.

this is what i want to say
hacker not just hack my mtgox account only.
my btce account was been hacked too.
and there is 4400USD been stolen
but that is a common case,someone lost password and stolen.
the main liability is not on btce
in this case,mtgox ignore the warning and pass the false documents
that is the main liability.
newbie
Activity: 41
Merit: 0
December 23, 2013, 06:21:40 AM
#7
I think you cannot sue mtgox, I mean you can sue but you will lose.

The problem is that you didn't verify your account. This means that they can never know if you are the real owner of the bitcoin.
You could just have moved the coins yourself and then try to double them by blaming mtgox. Since your google account got hacked, how could mtgox know anything?

If you had a key to your safe, but the bank does not know your identity. Then how can they be blamed for the usage of that key? Obviously they cannot know who is the real owner and who is the hacker? How can they know that it is the owner that requests the funds to be frozen? Mtgox will claim that the funds have been stolen in November.

I am very sorry your coins have been stolen. However, I wouldn't advice trying to sue and spend even more money. Since you are in China and you would need to sue a Japanese company it will even complicate more.

You could try to keep talking to Mtgox and they might try to refund if they are nice.
legendary
Activity: 3654
Merit: 1217
December 23, 2013, 05:57:12 AM
#6
It's not their fault your account got hacked.

No. In this case the Mt Gox is also equally responsible for the hack. They were the ones who accepted fake documents from the hacker and passed them.
legendary
Activity: 1344
Merit: 1000
December 23, 2013, 05:45:47 AM
#5
they do heavily promote the Yubikey for special account protection  Undecided
newbie
Activity: 37
Merit: 0
December 23, 2013, 05:44:58 AM
#4
It's not their fault your account got hacked.

If you wanted repayment for theft, should have gone with a normal bank.

Bitcoin is the wild west.

But the lack of regulation is what we want.

_________________________________
get 420 with bitcoins at zeltasgarden.com
legendary
Activity: 3654
Merit: 1217
December 23, 2013, 05:29:27 AM
#3
Suing Mt Gox will never work. Since they are based in Japan, you need to contact a Japanese lawyer. Suing them in the US will never work, because they don't have any assets in the US.
full member
Activity: 120
Merit: 100
December 23, 2013, 04:56:29 AM
#2
Contact your local bar association for advice, for less then $100.
newbie
Activity: 9
Merit: 0
December 23, 2013, 04:54:59 AM
#1

My mtgox account was hacked which a total 80 bitcoins been stolen.
account security background:
mtgox: not set OTP, bound my gmail, no account verification (It means my account can not do any withdraw, because I intend to hold long-term, is not prepared to trade)
gmail: not set OTP, same password with mtgox

November 19 when i login i found an exception information (I never apply for verification, but the system says my application are being audited), I realized  account been invasion, then i change the  password immediately (but forgot to change gmail password), send mail to customer service, issue a warning.

Shortly my gmail been hacked and i can not login,  the hacker use the "forgot password" function to control my mtgox account.
then  I use other mailbox send mails to mtgox and submit a request on "mtgox support ".remind the customer service to freeze accounts,.
on the other hand I also submitted a complaint to Google .want to get back my gmail

Nov 22  I received mtgox‘s response  saying that they have banned withdraw ,asks me get back my gmail first .

Gene, Nov 22 17:04 (JST):
Dear Valued Customer,

Sorry for the inconvenience.We have merged your tickets for better follow up.We have set your withdrawal limits to zero to avoid unauthorized withdrawals .We request you to change your email address password and Mt.Gox password immediately. Please do not use the same username and password on different services.Let us know once you recover the Gmail password


November 23 reply to me also say money is safe:

Gene, Nov 23 12:25 (JST):
Dear Tan ,

We have disabled the withdrawal and the funds are safe.We request you to do a follow up via one email for a better follow up. As you have a request open from a different email Request #148228we are closing this ticket and please reply via Request #148228 as provided.


In the meantime, I send e-mail to tell mtgox I'm with Google Contacts, you must ensure the safety of funds
Dec 3 to receive such messages

Gene, Dec 03 16:44 (JST):
Dear Tan,

Thank you for your reply.On checking I find your account has been flagged for further confirmation by our assessment department. I will have your issue forwarded to our assessment department.


Then I kept asking "forwarded to assessment department" What does that mean? what should I do,
but there is no any response.

Dec 9, finally got back my gmail.
then i send many many mails to mtgox(also update the "request" on "SUPPORT"). tell them my gmail back and ask what should i do next?
But the whole eleven days,no one reply me anything.
Until Dec 20,they tell me all my bitcoins been stolen

Gene, Dec 20 12:44:
Dear tan,

On checking we find BTC withdrawals has been processed within the account.We will investigate further on this and will keep you posted.


I know the main reason is my little low-level security measures, but this event mtgox equally important responsibility.
There are three aspects of responsibility 
1. Reply is not timely, a reply even need eleven days (12.9-12.20)! Wasted the best time to stop the thief.
2. I have already warned account been hacked, ask to freeze the accounts and prohibit financial flows, they said no problem at the beginning , but they make my money was stolen finally .
3. Accept the false documents submitted by the hacker, and passed the verification application, allowing hackers to successfully take money.
Before I had been more optimistic, because I have warned the customer first, second my account has not been verification, I think that hackers can not withdraw my money.
For the above reasons, especially 2&3, ask for advise, can I sue mtgox?
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