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How to Sue Gemini

Camila Lopez - Cryptocurrency Exchanges - October 23, 2024

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    Contents

Gemini also known as Gemini Trust Company, LLC is one of the largest cryptocurrency exchange platforms where you can buy, sell, and store cryptocurrency. Gemini offers a variety of services including buying and selling of crypto, a credit card, and buying and selling of NFTs.  

This article will cover common types of customer complaints against Gemini, how to sue Gemini, and much more. 

Table of Contents:

  • Types of customer complaints against Gemini

  • How to contact Gemini Customer Service

  • Review of Gemini’s Terms and Conditions 

  • Step by Step: How to sue Gemini in small claims 

  • Preparing the small claims lawsuit

  • How to file the small claims lawsuit

  • How to serve the small claims lawsuit

  • Prepare for the small claims hearing

  • How to file a complaint with the BBB against Gemini 

Types of Customer Complaints Against Gemini
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As of February 2022, Gemini faced 950 BBB complaints. Here are some common customer complaints against Gemini:

  • Unable to access a locked Gemini account or their Gemini account is frozen.  

  • Problems reaching Gemini customer service.

  • Gemini funds transferred to unknown accounts. 

  • Errors when transferring funds from connected bank accounts to Gemini account. 

  • Issues trying to close a Gemini account. 

  • Delayed transactions on Gemini account. 

  • Issues with Gemini account verification. 

How to Reach Gemini’s Customer Service 
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Before you sue Gemini in small claims court try contacting Gemini Customer Support. 

Other ways you may reach Gemini:

At the time this article was written, we could not find a Gemini customer service phone number and their website reflects that Gemini does not offer phone support. 

Review Gemini’s Terms and Conditions 
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First and foremost, make sure to review the terms and conditions or your contract with Gemini. Here are some terms and conditions we found online but you need to to make sure they apply to you and your situation as they may change at any time:  https://www.gemini.com/legal/user-agreement#section-welcome-to-gemini

If you have any doubts or questions about your terms and conditions, make sure to reach out to an attorney to review your specific terms and conditions. 

Steps to suing Gemini in small claims 
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Here is an overview of how to sue Gemini in small claims court:

  • Step 1: Prepare and File the Lawsuit 

  • Step 2: Notify Gemini about the small claims lawsuit by serving them correctly 

  • Step 3: Prepare for your small claims hearing against Gemini 

Step 1: Prepare and file the lawsuit  

  • Prepare the lawsuit using the proper form, this is usually available for download on your local small claims court website.

  • The court will want to know why you are suing Gemini, how much are you suing Gemini for, and finally how you calculated the amount you are suing Gemini for.

  • You will need to search for the correct legal name (legal entity name) Gemini uses in your state on the Secretary of State website for your state. 

  • File the lawsuit. There are several ways you can file the lawsuit (1) in person at your local small claims court, (2) by mail (3) electronically (not available in all courts), (4) by fax (not available in all courts).

Step 2: Notify Gemini about the small claims lawsuit

  • Once the court returns the filed lawsuit to you, the next step is to serve Gemini (serving means to notify Gemini that they have been sued).

  • There are different rules on how to serve a company in each state so make sure you review the rules for serving. In many states you will need to serve the “agent for service of process” that Gemini selects in each state. This is usually a company or person that is authorized by Gemini to receive lawsuit documents on its behalf. 

  • To serve the small claims court lawsuit on Gemini you must serve their "Agent for Service of Process." This is a company that Gemini has selected to receive lawsuits on their behalf.

  • Always make sure to confirm with the court if there are any additional filings you need to complete and file after you have served Gemini. 

Step 3: Prepare for your small claims hearing

  • Prepare your statement for the judge. Be prepared to tell the judge why you are suing Gemini.

  • Prepare your evidence. This is one of the most important steps to winning a small claims lawsuit! Evidence like screenshots, emails, and pictures, should be brought to the hearing (you should make a copy for yourself, the judge, and Gemini).

Your evidence might include: 

  • Communications with Gemini via their chat or email

  • Screenshots of your account with Gemini

  • Other similar complaints other customers may have had

How to file a complaint with the BBB against Gemini 
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What is the BBB?

The BBB, Better Business Bureau, is a non-profit that serves as an intermediary between businesses such as Gemini and consumers.

Read More: How to file a complaint with the Better Business Bureau (BBB)

How to file a complaint against Gemini with the BBB

  1. Go to the Better Business Bureau website.

  2. Scroll to the bottom of the page and click the button “Start Your  Complaint.

What to Expect Once you Submit your Complaint to the BBB

  • The BBB will forward your complaint to Gemini within 2 business days.

  • Gemini will be asked to respond within 14 days, and if a response is not received, a second request will be made.

  • You will be notified of Gemini’s response when the BBB receives it (or notified that they received no response).

  • Complaints against Gemini are usually closed within 30 business days.

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Author

Legal Educator at JusticeDirect. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.