https://kin.org/ got sued by the SEC for the same reason. They 'got away' with a 5m fine but were not branded a security (does that automatically declare them a currency?). They're now free to carry on development with the SEC behind them. The difference is they just moved to Solana as a token, so they're decentralized, whereas what I take from XRP is that it's not. I don't fancy XRPs chances seeing what the Kin boys and girls went through, but if they 'win', whatever that may look like, they'll be up and away.