You don't have to "actively" seek investment from non accredited investors for it to be illegal. So a crypto currency could still absolutely be subject to action from the SEC even if they only had a "invest now" option on their website without promoting it . It's just that the SEC doesn't care as much and focuses more on the big fish. Still, passively selling illegal securities is still illegal :)

Fig is legal because of a recent crowdfunding law that made it possible to buy equity while funding a project. I think the website was created right after the law passed too, but maybe my memory is fuzzy here