(1)A controllable electronic record kiosk operator shall disclose to a customer 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 operator and controllable electronic record.
(2)The controllable electronic record kiosk operator shall require acknowledgment of receipt of all disclosures required by this section via confirmation of consent by the customer.
(3)The disclosures shall include a statement, written prominently and in bold type and provided separately from the other disclosures, warning customers about the potential for criminals to exploit controllable electronic record kiosks to commit illicit activity. The controllable electronic
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(1) A controllable electronic record kiosk operator shall disclose to a customer 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 operator and controllable electronic record.
(2) The controllable electronic record kiosk operator shall require acknowledgment of receipt of all disclosures required by this section via confirmation of consent by the customer.
(3) The disclosures shall include a statement, written prominently and in bold type and provided separately from the other disclosures, warning customers about the potential for criminals to exploit controllable electronic record kiosks to commit illicit activity. The controllable electronic record kiosk operator may tailor the warning language to highlight evolving tactics and techniques. The warning language shall be similar to the following form:
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, BUT NOT LIMITED TO:
(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 pop-ups, such as virus warnings or communication from alleged familiar merchants; and
(8) Communication from someone impersonating a representative of your bank or a law enforcement officer.
IF YOU BELIEVE YOU ARE BEING SCAMMED, CALL YOUR LOCAL LAW ENFORCEMENT AGENCY.
WARNING: TRANSACTIONS CONDUCTED ON THIS CONTROLLABLE ELECTRONIC RECORD KIOSK ARE IRREVERSIBLE. PROTECT YOURSELF FROM FRAUD. NEVER SEND MONEY TO SOMEONE YOU DON'T KNOW.
(4) The disclosure shall also include:
(a) The material risks associated with controllable electronic records and controllable electronic record transactions, including:
(i) The operator's liability for unauthorized controllable electronic record transactions;
(ii) The customer's liability for unauthorized currency transactions;
(iii) A warning that controllable electronic records are not legal tender, are not backed or issued by the United States Government, and are not subject to protections by the Federal Deposit Insurance Corporation, National Credit Union Administration, or Securities Investor Protection Corporation;
(iv) A warning that there may be delays in the processing and confirmation of controllable electronic record transactions;
(v) A warning that the value of controllable electronic records is derived from supply and demand in the global marketplace which can rise or fall independently of any fiat currency. Holding controllable electronic records carries exchange rate and other types of risk;
(vi) A warning that a person who accepts a controllable electronic record as payment today is not required to accept and might not accept controllable electronic records in the future;
(vii) A warning that the volatility and unpredictability of the price of controllable electronic records relative to fiat currency may result in a significant loss over a short period; and
(viii) A warning that any bond or trust maintained by the controllable electronic record kiosk operator for the benefit of a customer may not cover all losses;
(b) The amount of the customer's controllable electronic record kiosk transaction denominated in United States dollars as well as the applicable controllable electronic records;
(c) Any fees or expenses charged by the controllable electronic record kiosk operator;
(d) Any applicable exchange rates;
(e) The controllable electronic record transaction daily limit of two thousand dollars for new customers;
(f) The controllable electronic record transaction daily limit of ten thousand five hundred dollars for existing customers;
(g) The name, address, and telephone number of the operator of the controllable electronic record kiosk, the days, time, and means by which a customer can contact the operator for customer assistance, and any relevant state or local law enforcement agency or government agency for reporting fraud, all of which shall be displayed on or at the location of the controllable electronic record kiosk, or on the first screen of such kiosk; and
(h) Any other disclosures that are customarily given in connection with a controllable electronic record kiosk transaction.
(5) Upon the completion of a controllable electronic record kiosk transaction, the controllable electronic record kiosk operator shall provide the customer with a receipt in the language chosen by such customer. The receipt shall be physical where possible. If necessary, the controllable electronic record kiosk operator may provide the receipt in multiple communications. The receipt shall contain the following information:
(a) The operator's name and contact information, including a telephone number to answer questions and register complaints;
(b) Relevant state law enforcement agencies and government agencies for reporting fraud;
(c) The type, value, date, and precise time of the transaction, the transaction hash, and each applicable controllable electronic record address;
(d) The name and contact information of the sender of the controllable electronic record transaction;
(e) The name and contact information of the designated recipient of the controllable electronic record transaction;
(f) All fees charged;
(g) The exchange rate of the controllable electronic record to United States dollars;
(h) The operator's liability for nondelivery or delayed delivery;
(i) The operator's refund policy; and
(j) Any additional information the department may require.