On September 16, 2021, Plaintiff Hadona Diep, on her own and on behalf of those similarly situated, filed her Class Action Complaint against Apple, Inc., asserting nine (9) separate claims, including claims for violations of the Computer Fraud and Abuse Act (18 U.S.C. § 1030, et seq.) and violations of the Electronic Communications Privacy Act (18 U.S.C. § 2510, et seq.).
According to the Class Action Complaint’s allegations:
- On March 2020, Plaintiff downloaded the Toast Plus application from the Apple App Store.
- Plaintiff believed Toast Plus was a version of Toast Wallet, a well-known cryptocurrency wallet, as the names were similar and the logo the same or nearly identical.
- In January 2018, Plaintiff caused approx. 474 Ripple (“XRP”) cryptocurrency coins to be transferred from the Bittrex cryptocurrency exchange to a secure wallet called Rippex.
- In February 2018 Rippex shut down, but Plaintiff could still access her coins from any secure wallet.
- In March 2021, Plaintiff linked her private XRP key into Toast Plus.
- In August 2021, Plaintiff check her Toast Plus account and discovered not only did she have no XRP in the wallet, her account was deleted.
- Plaintiff thereafter discovered Toast Plus was not in fact a version of the legitimate Toast Wallet application, but was instead a “spoofing” or “phishing” program created for the sole purpose of stealing cryptocurrency, by obtaining consumers’ cryptocurrency account information and thereafter routing the same to the hackers’ personal accounts.
A complete copy of the Class Action Complaint can be found here: