Judge Dismisses Privacy Suit Against Crypto.com Operator Without Prejudice

A federal court threw out a proposed class case over Crypto.com’s alleged website tracking after Ortiz and Hernandez failed to plead an injury sufficient for Article III standing.

U.S. District Judge Edward M. Chen dismissed the case without prejudice in an Oct. 6, 2026, order. The ruling allows Jose Ortiz and Javier Hernandez to amend their complaint, and the 30-day amendment deadline falls on Nov. 5, 2026.

Ortiz and Hernandez alleged that Foris Dax used third-party cookies after they selected an opt-out option on Crypto.com’s public website. They claimed the tracking transmitted browsing information, including IP addresses, user-agent strings and cookie or browser identifiers.

The complaint did not allege that either plaintiff created an account, logged in or entered a name, email address or payment information. The plaintiffs said they were monitoring cryptocurrency prices and market performance, but Chen found that the alleged browsing data did not reveal information about their personal finances.

“The key is the sensitivity of the information collected,” Chen wrote.

Chen considered the standing issue even though Foris Dax had not raised it as a basis for dismissal. He cited the court’s “independent duty to assess jurisdiction” and found that the plaintiffs had not alleged an injury that was “concrete and actually exist[ed]” under Article III of the U.S. Constitution.

The case concerns alleged tracking on Crypto.com’s public website rather than activity inside a logged-in account. The plaintiffs asserted claims involving privacy, intrusion upon seclusion, fraud, unjust enrichment and California privacy law.

In a May 21, 2026, order, the court dismissed most of the claims but allowed the plaintiffs to amend. One claim under the California Invasion of Privacy Act remained at that stage.

The lawsuit was filed on Oct. 17, 2025. The latest order does not decide whether the plaintiffs will submit an amended complaint. Any amendment must be filed by Nov. 5, 2026.