13-09.1-51. Disclosures

13-09.1-51. Disclosures 1. A virtual-currency kiosk operator shall disclose in a clear, conspicuous, and easily readable manner in the chosen language of the customer, all relevant terms and conditions generally associated with the products, services, and activities of the virtual- currency kiosk operator and virtual currency. 2. The virtual-currency kiosk operator must receive acknowledgment of receipt of all disclosures required under this section via confirmation of consent. 3. Each virtual-currency kiosk must include a warning written prominently and in bold type, stated in substantially the following form: a. WARNING: CONSUMER FRAUD OFTEN STARTS WITH CONTACT FROM A STRANGER WHO IS INITIATING A DISHONEST SCHEME. I UNDERSTAND THAT CRIMINAL ACTIVITY MAY APPEAR IN MANY FORMS, INCLUDING: (1) Claims of a frozen bank account or credit card. (2) Fraudulent bank transactions. (3) Claims of identity theft or job offerings in exchange for payments. (4) Requests for payments to government agencies or companies. (5) Requests for disaster relief donations or loans. (6) Offers to purchase tickets for lotteries, sweepstakes, or drawings for vehicles. (7) Prompts to click on desktop popups, such as virus warnings or communication from alleged familiar merchants. (8) Communication from someone impersonating a representative of your bank or a law enforcement officer. (9) IF YOU BELIEVE YOU ARE BEING SCAMMED, CALL A LOCAL LAW ENFORCEMENT OFFICER BEFORE ANY TRANSACTION. b. WARNING: FUNDS LOST DUE TO USER ERROR OR FRAUD MAY NOT BE RECOVERABLE. TRANSACTIONS CONDUCTED ON THIS VIRTUAL- CURRENCY KIOSK ARE IRREVERSIBLE. I UNDERSTAND THESE RISKS AND WISH TO CONTINUE WITH CONDUCTING MY VIRTUAL-CURRENCY KIOSK TRANSACTION. PROTECT YOURSELF FROM FRAUD. NEVER SEND MONEY TO SOMEONE YOU DO NOT KNOW. 4. The commissioner shall require the disclosure of material risks associated with virtual currency and virtual-currency transactions, including: a. The transaction may not be reversed; b. The virtual-currency kiosk operator's liability for unauthorized virtual currency transactions; c. The virtual-currency kiosk customer's liability for unauthorized currency transactions; d. Virtual currency is not legal tender, backed or insured by the government, and accounts and value balances are not subject to federal deposit insurance corporation, national credit union administration, or securities investor protection corporation protections; e. Some virtual currency transactions are deemed to be made when recorded on a public ledger which may not be the date or time when the individual initiates the transaction; f. Virtual currency's value may be derived from market participants' continued willingness to exchange fiat currency for virtual currency, which may result in the permanent and total loss of a particular virtual currency's value if the market for virtual currency disappears; g. An individual who accepts a virtual currency as payment today is not required to accept and might not accept virtual currency in the future; h. The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in a significant loss over a short period; i. The nature of virtual currency means any technological difficulties experienced by virtual-currency kiosk operators may prevent access to or use of an individual's virtual currency; and j. Any bond maintained by the virtual-currency kiosk operator for the benefit of an individual may not cover all losses an individual incurs. 5. The commissioner shall require disclosure of: a. The amount of the transaction denominated in United States dollars as well as the applicable virtual currency. b. Any fees or expenses charged by the virtual-currency kiosk operator. c. Any applicable exchange rates. d. A daily virtual-currency transaction limit of no more than two thousand dollars per day. e. Notice of a change in the virtual-currency kiosk operator's rules or policies. f. The name, address, and telephone number of the owner of the kiosk and the days, time, and means by which a consumer may contact the owner for consumer assistance. Any relevant state and local law enforcement agency for reporting fraud must be displayed on or at the location of the virtual-currency kiosk or on the first screen of the kiosk. g. Under what circumstances the virtual-currency kiosk operator, without a court or government order, discloses a person's account information to third parties. h. Other disclosures customarily given in connection with a virtual currency transaction. 6. After the completion of each transaction, the virtual-currency kiosk operator shall provide an individual with a choice of a physical or digital receipt secured with two-factor identification in the language chosen by the customer containing the following: a. The virtual-currency kiosk operator's name and contact information, including a telephone number to answer questions and register complaints; b. The relevant state and local law enforcement or government agency for reporting fraud; c. The type, value, date, and precise time of the transaction, transaction hash, and each applicable virtual-currency address; d. A unique transaction number able to be linked to the sender during a fraud investigation; e. A unique transaction number able to be linked to the designated recipient during a fraud investigation; f. All fees charged; g. The exchange rate of the virtual currency to United States dollars; h. A statement of the virtual-currency kiosk operator's liability for nondelivery or delayed delivery; and i. A statement of the virtual-currency kiosk operator's refund policy.