• NFTs haven't recovered despite crypto values rising. While they're hanging on, the technology is in troubled waters. OpenSea, once the largest marketplace for NFTs, is facing pending litigation from the SEC, a previous unreported 'matter' with the FTC, inbounds from US and international tax authorities, heightened competition, accusations of gender discrimination, and employee attrition. This article tells the story of the marketplace's rise and fall.

  • NFT marketplace OpenSea has received a Wells Notice from the SEC, indicating the regulator's interest in pursuing enforcement action against the company. Considering NFTs as securities significantly expands the SEC's regulatory power in the crypto space. OpenSea's CEO has vowed to fight the notice and pledged $5 million to support NFT creators and developers who may face similar scrutiny.

  • The Digital Chamber has urged Congress to clarify the legal status of NFTs, advocating for them to be classified as consumer goods rather than securities in response to the SEC's potential regulatory action against OpenSea. This comes after OpenSea received a Wells notice, which suggests the SEC might take enforcement steps, reflecting broader concerns over regulation in the NFT space.

  • In September 2024, NFT sales experienced a significant decline, reaching their lowest monthly volume since 2021. According to data from CryptoSlam, the total sales volume for NFTs fell to $296 million, marking a 20% decrease from August's $373 million. This drop is even more pronounced when compared to March 2024, which was the strongest month for digital collectibles, where sales peaked at $1.6 billion. The number of NFT transactions also saw a sharp decline, dropping 32% from 7.3 million in August to 4.9 million in September. Despite the overall downturn in sales and transactions, there was a notable increase in the average value of NFT transactions, which rose by 18% from $50.71 in August to $60 in September. This suggests that while fewer NFTs were being sold, those that were sold tended to have a higher value. The decline in the NFT market coincides with increased scrutiny from the United States Securities and Exchange Commission (SEC). In late August, Devin Finzer, the CEO of OpenSea, reported that the platform received a Wells notice from the SEC, indicating that some NFTs on the marketplace might be classified as unregistered securities. This regulatory pressure was further highlighted when the SEC fined the NFT-themed restaurant Flyfish Club $750,000 for selling NFTs, a move that drew criticism from some SEC commissioners who argued that these NFTs should not fall under securities laws. In response to the SEC's actions, Luca Schnetzler, CEO of the popular NFT collection Pudgy Penguins, dismissed the regulatory concerns as unfounded, suggesting that the SEC's focus on OpenSea should extend to larger entities involved in NFTs, such as Sotheby’s, Nike, and Pokémon. This ongoing tension between NFT creators and regulators reflects the broader challenges facing the NFT market as it navigates legal and market dynamics.