A man from Brazil filed a lawsuit against a video card store for allegedly delaying delivery of a video card that would be used to mine Ethereum and argued that he had been losing money.
In excerpts from the action, published this Friday (28) in the State's Justice Gazette, he asked in urgent relief for the company to make the equipment - or similar - available in five days, under penalty of a daily fine of $100, 00 .
The Court has rejected the request, for now, because "there is still a need for an adversary proceeding" on the part of the store, according to the judge responsible for the case.
case details
According to the process, the customer purchased an ‘ATI Radeon RX5700XT, 8gb, gddr6 - AXRX’ graphics card on March 29th. The equipment cost $1,500.00
"This reckless conduct of the factors, in not delivering the product that sold and not providing information on shipping, tracking, stock availability, etc. Ethereum cryptocurrency mining”, said the consumer's lawyer in the lawsuit.
The lawsuit cites that the lack of equipment generated daily losses of $14.96, profits that may have been made with an acquired video card, according to data from the website Whattomine.
As between May 11th and this Friday (28th) 17 days have passed, the supposed profit that could have been made with mining totals $194.
In the request for guardianship, rejected for now because the Store has not yet manifested itself, the plaintiff requested that the company deliver the plaque within five days, under penalty of a daily fine of $100.
If the company does not have the necessary model, the consumer said that it also accepts the 'NVIDIA GeForce RTX 3070, 3080 or 3090' models; 'AMD Radeon RX 6800 XT'; or ‘AMD Radeon RX 6900 XT’.
The company was asked to comment on the matter, but as of this writing, it has not added any position. The report also called consumer protection, but no one answered.