Defendants for YouTubers Kyle Forgeard and John Shahidi, also known as Nelk Boys, have moved to dismiss the class action lawsuit accused of fraud against the full-send Metacard NFT project.
Nelk Boys’ attorneys argued that the plaintiff refused to refund the full amount and that the complaint had no specific false claims.
The lawsuit was filed in January on behalf of a Metacard NFT buyer, alleging that the defendant misinterpreted the consumer with exclusive perks and community access promises.
It is also said that the pair misrepresented the metacard program before January 19, 2022. This led the plaintiff to purchase the token that day.
The lawsuit alleges that after the NFT was sold, the defendants continued to make misleading statements to delay the plaintiff and other potential class members from realizing that they had been misleading.
“The defendant’s false and misleading statements were widely distributed through press releases, social media posts, YouTube videos, podcasts and other promotional materials related to Fullssend and Metacard,” the complaint states.
In a motion filed April 17 in the US District Court for the Central District of California, the Nerk Boys’ defense argued that the suit failed to meet basic fraud standards and was controversial due to the offer of a refund.
“After the wider NFT market collapsed, the defendant provided all metacard holders, including the plaintiff, and provided full refunds and interest, denying these claims,” the lawyer wrote. “The plaintiff may regret his purchase and refuse a full refund. However, regret will not sue fraud. The complaint should be dismissed.”
Founded in 2010 by Forgeard and Jesse Sebastiani, Nelk Boys is a prank video and a group of Canadian-American entertainers known for their party-themed brands that include full-send podcasts, merchandise and alcoholic beverages. Nelk Boys boasts 8 million subscribers on YouTube and 674,000 followers on X.
Smelling salt clean freshener
– Nelk Boys (@nelkboys) April 17, 2025
Nelk Boys launched the Metacard NFT project in January 2022. The collection of 10,000 Ethereum NFTs each sold for around 0.8 ETH each, and at the time, raised about $23 million.
At the time of writing, the collection fell 91% to $111 from the floor price of $111, according to Coingecko data.
The defense said the complaint failed to identify any particular pre-sale misrepresentation, false statements, or evidence that the plaintiff relied on in purchasing the Metacard NFT, claiming that the suspicious promise was largely in line with the perks that the plaintiff admitted to receiving.
“The plaintiff’s claims are rising and falling over what he was told before he bought the Metacaltard. However, the complaint never identifies the pre-sale statement. That’s negative,” the defense said. “Everything else is legally irrelevant, from post-sales comments to generality and regret.”
The plaintiff and defendant’s lawyers did not respond. Decrypt’s Request a comment.
Edited by Sebastian Sinclair and Josh Quittner
