ASIC Sues Binance Australia Over Consumer Protection Failures

Australian regulator ASIC has filed a lawsuit against Binance Australia Derivatives, accusing the company of failing to protect consumers by misclassifying over 500 retail clients as wholesale investors between July 2022 and April 2023. This misclassification allegedly deprived these clients of critical legal protections.

Retail clients in Australia are entitled to safeguards like a Product Disclosure Statement (PDS), a Target Market Determination (TMD), and access to dispute resolution systems. ASIC Deputy Chair Sarah Court described Binance’s compliance as “woefully inadequate”, highlighting that many clients faced significant financial losses due to these failures. She emphasized that ASIC is committed to using all regulatory tools to protect consumers and ensure integrity in the digital asset market.

The lawsuit claims Binance did not meet several obligations, including issuing mandatory PDS and TMD documents, maintaining proper internal dispute resolution systems, and training employees to comply with regulations. ASIC also accused Binance of not conducting its business “efficiently, honestly, and fairly.” The regulator is seeking penalties, declarations, and orders for adverse publicity.

In April 2023, Binance’s Australian financial services license was canceled following an ASIC review. Binance stated that it had requested the cancellation, citing only 104 users on its derivatives platform at the time. The spot trading platform continues to operate in Australia.

This lawsuit is part of a broader regulatory push targeting crypto platforms. Recently, Kraken’s Australian operator was fined $12.8 million for compliance breaches, and AUSTRAC has introduced stricter Know Your Customer (KYC) requirements for crypto ATMs, including transaction monitoring and reporting of withdrawals over $10,000.

Globally, Binance faces numerous legal challenges. The Indian government has accused the platform of owing $85 million in unpaid taxes. In the UK, a whistleblower lawsuit alleges that a former Binance employee solicited a bribe from a customer and was later terminated after reporting the misconduct. These mounting legal pressures reflect increasing efforts by governments to enforce stricter compliance across the crypto industry.

ASIC’s legal action against Binance underscores the growing scrutiny faced by crypto platforms as regulators work to ensure compliance with financial laws and protect consumers. This case highlights the ongoing challenges for the crypto industry in meeting regulatory expectations.