Blockchain Lobbyists File Lawsuit Against SEC Over Definition of 'Dealer'

In a lawsuit filed in the Northern District of Texas, the Blockchain Association (BA) and the Crypto Freedom Alliance of Texas (CFAT) challenge the SEC's "Dealer Rule," arguing that it violates the Administrative Procedure Act. The new rule redefines "dealer" to include market makers and liquidity providers, subjecting them to regulations intended for traditional securities dealers. The plaintiffs contend that the SEC's rulemaking process was flawed and that the rule's implementation will hinder the operation of digital asset industry participants.

Two major blockchain advocacy groups, the Blockchain Association (BA) and the Crypto Freedom Alliance of Texas (CFAT), have initiated a legal challenge against the United States Securities and Exchange Commission (SEC) in the Northern District of Texas.

This lawsuit centers on the SEC's recently implemented "Dealer Rule," which the plaintiffs argue violates the Administrative Procedure Act (APA) and hinders the operation of businesses within the digital asset industry.

The SEC redefined the term "dealer" in February, broadening its scope to include any entity providing liquidity or acting as a market maker. Notably, this rule specifically targets entities managing at least $50 million in assets, effectively bringing automated market makers and liquidity providers within decentralized finance (DeFi) platforms under the same regulatory umbrella as traditional securities dealers.

The lawsuit alleges that the implementation of the Dealer Rule lacked transparency and fair rulemaking procedures. According to the plaintiffs, the SEC failed to adequately address concerns raised during the 39-day comment period in 2022, leading to unclear regulations that hinder the operation of digital asset industry participants.

BA and CFAT contend that the SEC's expansive interpretation of the term "dealer" contradicts decades of established meaning and could severely damage the vast network of individuals and businesses involved in digital asset trading. They argue that the rule imposes unnecessary burdens and uncertainties that stifle innovation and hamper market growth.

"The SEC's unlawful radical expansion bears no resemblance to the long-standing and well-settled meaning of the term, and mandates an approach that will cause irreparable damage to the tens of millions of Americans and businesses who participate in digital asset trading," the Blockchain Association stated in a recent press release.

The lawsuit also highlights the internal dissent within the SEC itself. Commissioners Hester Pierce and Mark Uyeda criticized the new rule, expressing concerns about its potential overreach and the blurring of lines between dealers and traders. The SEC reportedly adopted this rule following a 3-2 vote, reflecting significant internal opposition.

"This is the latest example of the SEC's blatant attempts to unlawfully regulate outside its authority, skirting legal obligations to address the numerous concerns received during its compressed comment period," wrote Blockchain Association CEO Kristin Smith in an emailed statement to Unchained.

The legal challenge by BA and CFAT represents a significant escalation in the ongoing battle between the SEC and the digital asset industry. The outcome of this lawsuit will have far-reaching implications for the regulatory landscape of digital assets in the United States and potentially reshape the way digital asset businesses operate.