No Charges for OpenSea NFT Marketplace as SEC Closes Case

In a major relief for the NFT industry, the United States Securities and Exchange Commission (SEC) has officially closed its investigation into OpenSea, one of the largest non-fungible token (NFT) marketplaces. OpenSea’s founder, Devin Finzer, announced the news on February 21, calling it “a win for everyone” in the space.

The SEC closed its investigation into OpenSea just after it decided to drop a lawsuit against Coinbase . The regulator had accused Coinbase of running as an unregistered securities broker but later decided not to move forward with the case.  

OpenSea came under SEC scrutiny in August 2024 when it received a Wells Notice, a formal warning that legal action might be taken against the platform. The regulator had alleged that OpenSea was dealing in unregistered securities by allowing NFT sales on its platform. However, the SEC has now decided not to pursue any enforcement action against OpenSea.

The NFT and crypto communities have widely welcomed the SEC’s decision. Chris Akhavan, Chief Business Officer of OpenSea’s competitor Magic Eden, called it a win for the entire industry.

“While we are competitors in the trenches, we share a deep belief in NFTs and what they will enable. Happy to see such a win for the space!,” Akhavan said in a post on X (formerly Twitter).

Another industry figure, known as Beanie, praised OpenSea for securing some much-needed regulatory clarity, despite the challenges it may have faced.

Just days before this announcement, the OpenSea Foundation revealed plans to launch a new project token called SEA. While the exact timeline remains unclear, the token will be available to users in several countries, including the United States.

However, OpenSea has also faced criticism over its recent airdrop reward system. Some users claimed it encouraged wash trading and did not support NFT creators. In response, the platform decided to pause the system.

The SEC’s decision to close the OpenSea investigation follows a pattern, as it also dropped the case against Coinbase on the same day. Some industry experts believe this could indicate a shift in the SEC’s approach under the current regulatory environment.

Although OpenSea confirmed the SEC’s decision to Bloomberg, the regulator has not officially commented on whether its five-member panel formally voted to close the case. The SEC stepping back is being seen as a shift towards a fairer regulatory approach for NFTs and crypto businesses.