Is Poloniex liable?

[Hueristic]

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.

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[sindikat]

I think that part of the blame for this situation lies with you. The signals that Poloniex is acting dishonourably with its customers have been coming for a long time. The response time of the support service was more than 30 days. I have left the stock market for this reason. It seems to me that it will soon go bankrupt and such as you will be many. I feel sorry for you but I think that you will not return your money.

[Abylmansur]

Attempts to send the document have been exhausted.
My tickets are open and do not answer.
Account is blocked.
Withdrawal / deposit - blocked.
Trade is blocked.

[Wheelige]

Have you considered filing an application in dispute tribunal/small claims court/justice of the peace court or what ever it is called in your area? They usually deal with disputes up to a certain value and do not generally require legal representation for. This kind of action may spur Poloniex into repaying the funds you deposited with them.

[Hueristic]

I think that part of the blame for this situation lies with you. The signals that Poloniex is acting dishonourably with its customers have been coming for a long time. The response time of the support service was more than 30 days. I have left the stock market for this reason. It seems to me that it will soon go bankrupt and such as you will be many. I feel sorry for you but I think that you will not return your money.

I think you don't quite understand this thread or my posts. They are owned by goldman sachs, they will not be going bankrupt. I actually left them months ago and only started dealing with them again when circle bought them. Now they have to follow the laws and regulations which makes them liable. They are now licensed and regulated. It is a double edged sword.

I am not complaining about them taking my money, if you read what  wrote I plainly stated that I can do the verification any time I want.

BTW they know exactly who I am, I've sent funds between them and coinbase many times and the email they sent me had my name on it. So there is no reason for me not to get verified except that I refuse to waive my rights to sue them.

Attempts to send the document have been exhausted.
My tickets are open and do not answer.
Account is blocked.
Withdrawal / deposit - blocked.
Trade is blocked.

ticket #?

If you don't want to put it here you can email me at the email I put in the OP.

Have you considered filing an application in dispute tribunal/small claims court/justice of the peace court or what ever it is called in your area? They usually deal with disputes up to a certain value and do not generally require legal representation for. This kind of action may spur Poloniex into repaying the funds you deposited with them.

I am still in the gathering info phase.

[vlasindastris]

lease add bittrex to your complaint, they froze accounts without warning and changed terms of service requiring kyc for withdrawals without any grace period for existing customers.

Poloniex and bittrex are both rogue exchanges now, and both should have their actions tested in court.

[kal_21]

I think Poloniex is not accepting Govt issued IDs other then Passport.

I submitted Govt issued Voter ID card but My Verification was rejected stating that its not supported ID type , where as its clearly stated in verification process Note that it accepts Govt issued ID proofs

https://ibb.co/gCOEfJ


Acceptable ID Types

Use a valid, non-expired passport, drive's license, or other government-issued ID, if using a passport ID card, select "identity card"option when seleting an ID type.

Poloniex has to address this issue, what if user doesn't has passport Id proof?

POLONIEX you are doing all wrong.

[jackky]

I do not participate in Poloniex exchanges. But I heard the exchange Poloniex had frozen a lot of accounts and support staff of Poloniex very seldom help solve the problem of many people.

[Kronos21]

lease add bittrex to your complaint, they froze accounts without warning and changed terms of service requiring kyc for withdrawals without any grace period for existing customers.

Poloniex and bittrex are both rogue exchanges now, and both should have their actions tested in court.

I have no problem using bittrex. I have been using this exchange for a long time. Perhaps your problem is due to the fact that bittrex added to the auction dollar? Support on this exchange really works bad but it is a problem of all exchanges. Poloniex really has a lot of complaints from users for a long time so I left this exchange and I'm not interested in its future. I hope all users will pay attention to these signals and leave it without loss.

[felipecsl]

Im on the same boat here, account frozen for almost 2 months now.
No answer from support tickets, tried sending my ID a few times (passport, selfie, etc.).
No reply from them
Ticket #985980

[Lambent333]

Please tell me what do you think about it? It's my post

https://www.reddit.com/r/CryptoCurrency/comments/911mv8/poloniex_ignores_the_user_rights/

[aziz1buffet]

[deleted]

[Hueristic]

OK guys, sorry about the slow update but I have been getting no where and banging my head on a wall. Thanks for the PM reminder.

After spending weeks leaving messages and getting no replies from the Deleware Enforcement division I stated trying to get in touch with the

Commodity Futures Trading Commission
Three Lafayette Centre
1155 21st Street, NW
Washington, DC 20581

202-418-5000

As they had a investigation already open on polo (i'm not sure if it is still open) but have had no return calls after leaving numerous messages and waiting about a week in between.

I think since Goldman sucks owns polo now they are protected by the US gov.

My next alternative I think is the attorney generals office unless you guys have abetter Idea?

Also they had the balls to send me an email to not forget to verify my account.

I also had a long back and forth with their support and the support staff refused to acknowledge the fact that they force the acceptance of terms of service in order to get verified and get access to your own funds.

This along with tons of other things in my life has become a time sink and for the amount of funds I have on there it is not becoming worth the effort.

[Hueristic]

Poloniex does not have any obligation to engage in activity in relation to attacks on blockchain networks. Poloniex makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not Poloniex was negligent in providing the proper security. POLONIEX is not responsible to what happens to your coins and can suspend the service in case of a cyber attack at any time and leave you out in the cold.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLONIEX SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOST PROFITS) IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF POLONIEX HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POLONIEX’S LIABILITY FOR MONEY DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU DURING THE PRECEDING SIX (6) MONTH PERIOD.
Now, I am not saying that POLONIEX is insolvent or has been hacked or any of this. But the last time we saw that many red-flags was when Mount Gox went belly-up in 2014 because of an undisclosed cyber-attack that robbed the exchange of 744,408 bitcoins, rendering it insolvent and unable to oblige withdrawals.

It is owned by goldman ball sacks now.

[christysmile]

Poloniex does not have any obligation to engage in activity in relation to attacks on blockchain networks. Poloniex makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not Poloniex was negligent in providing the proper security. POLONIEX is not responsible to what happens to your coins and can suspend the service in case of a cyber attack at any time and leave you out in the cold.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLONIEX SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOST PROFITS) IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF POLONIEX HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POLONIEX’S LIABILITY FOR MONEY DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU DURING THE PRECEDING SIX (6) MONTH PERIOD.
Now, I am not saying that POLONIEX is insolvent or has been hacked or any of this. But the last time we saw that many red-flags was when Mount Gox went belly-up in 2014 because of an undisclosed cyber-attack that robbed the exchange of 744,408 bitcoins, rendering it insolvent and unable to oblige withdrawals.

It is owned by goldman ball sacks now.

And that is why I'm afraid my friends it will be very difficult to open, let alone win a case against these guys. They've got their bases covered in case of an "upset" that would be out of their hands, and they've got Goldman holding them up. They will claim that if you don't verify your account, you won't be able to prove that the money is yours, and therefore have no standing against them. Then they will say that they gave you adequate warning and failed to abide to their terms of service. And then they'll point to their disclaimer.

What a shame these exchanges are turning into.

[Trendytagr]

Please add bittrex to your complaint, they froze accounts without warning and changed terms of service requiring kyc for withdrawals without any grace period for existing customers.

poloniex and bittrex are both rogue exchanges now, and both should have their actions tested in court.

It's a shame because I used both of them in 2017 equaly much and didn't even require the KYC to operate withdrawals and deposits.

[cryptocity90]

 I even think its against human dignity to be subjected to that amount of ridiculous conditions.I actually left them months ago and only started dealing with them again when circle bought them.

[squatter]

I even think its against human dignity to be subjected to that amount of ridiculous conditions.I actually left them months ago and only started dealing with them again when circle bought them.

Has anything changed since Circle bought them? I see the same complaints as always. I suppose it would be naive to think things would improve overnight.

It's a shame because I used both of them in 2017 equaly much and didn't even require the KYC to operate withdrawals and deposits.

Indeed, it seems like we got out at the right time. I used both Polo and Bittrex a lot through late 2017 and never had longstanding problems with either. I saw the writing on the wall, though, after the account lockings started piling up.

[aziz1buffet]

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