HF4335 (Legislative Session 94 (2025-2026))

Disclosure and consumer protections for users of virtual currency kiosks modified.

AI Generated Summary

Purpose

  • Update Minnesota law to regulate virtual currency kiosks more strictly and improve consumer protections.
  • Expand how operators must disclose information, verify users, keep records, and monitor transactions for fraud.
  • Require the use of blockchain analytics to detect suspicious activity and block certain transfers.
  • Reorganize and replace parts of existing statutes related to virtual currency kiosks.

Key terms defined in the bill

  • blockchain analytics: analysis of data from blockchains or public ledgers and related transaction information.
  • blockchain analytics and tracing software: a software service that uses blockchain data to provide risk-related information and tracing of virtual currency wallet addresses.
  • User: a person who initiates, authorizes, or completes a virtual currency transaction at a kiosk.
  • Virtual currency kiosk: an electronic terminal that helps a kiosk operator exchange virtual currency for money, bank credit, or other virtual currency.
  • New customer: a consumer transacting at a kiosk in Minnesota who has been a customer for less than 72 hours.
  • Existing customer: a consumer who has been a customer for more than 72 hours.
  • The bill also repeals older definitions related to new/existing customers and replaces them with the above terms.

Main Provisions and how they work

  • Expanded disclosures and risk warnings
    • Operators must display material risk disclosures on the kiosk screen before initial transactions, including that virtual currency is not legal tender and can fluctuate in value.
    • A separate bold, prominently displayed warning about fraud and scams must be shown, with guidance to contact law enforcement immediately if suspicious activity occurs.
    • Operators must provide standard disclosures about terms and conditions, such as liability, ability to stop payments, receipt of evidence of a transaction, and notices of rule changes.
  • Transaction disclosures and limits
    • Before each transaction, operators must clearly disclose transaction terms including amount, fees, type of transaction, whether a transaction can be reversed, and a daily transaction limit.
    • New customer daily transaction limit: up to $2,000.
    • Existing customer daily transaction limit: up to $1,000, with the exact limit set by the operator in line with federal law.
  • Identity verification and records
    • Operators must verify a user’s identity before accepting payment by collecting government-issued ID, name, date of birth, telephone number, mailing address, and email.
    • Identity information must be kept for five years and cannot be used to transact under another name or identity.
    • A detailed, long-term record of each person’s transactions and related data must be kept, including transaction date, amount, payment instructions, IDs, and addresses of involved parties, as well as a general ledger and bank records.
  • Access to live support and receipts
    • Operators must offer live, toll-free customer service during operating hours (at least 8:00 a.m. to 10:00 p.m. Central Time) and display the toll-free number at the kiosk.
    • Upon completion of a transaction, operators must provide a receipt (physical or electronic) with details such as operator contact info, transaction type, date/time, transaction hash, virtual currency addresses, fees, exchange rate, liability statements, refund policies, and a contact for fraud reporting.
  • Refunds for new customers
    • New customers may be eligible for a full refund of all transactions within the 72-hour new customer period if fraud is suspected; refunds may require reporting to law enforcement within 14–30 days of the last transaction.
  • Blockchain analytics and anti-fraud measures
    • All operators must use blockchain analytics and tracing software to detect patterns of fraud or illicit activity.
    • Operators must block transactions to wallets linked to overseas exchanges not accessible to Minnesota users.
    • The Commerce department may request evidence of current use of blockchain analytics from operators.
  • Fees
    • Operators cannot charge a single transaction fee higher than 3% of the USD value of the virtual currency involved.
  • Enforcement and compliance
    • Violations of these provisions are treated as violations of existing consumer protection statutes (and related enforcement provisions).
    • The Department of Commerce’s fraud-reporting channels apply for violations and enforcement.
  • Location and reporting requirements
    • Operators must provide a list of all kiosk locations and report any additions or closings within one month.
    • Operators must keep records, provide periodic reports, and comply with law and regulatory orders.
  • Repeals and updates to law
    • Subdivisions defining new/existing customers from the old statute (3b and 3c) are repealed and replaced with the new definitions above.

Significant changes to existing law

  • Introduces formal, broad-use blockchain analytics requirements for virtual currency kiosk operators.
  • Replaces the old new/existing customer framework with new, time-based definitions and stricter transaction limits.
  • Establishes detailed recordkeeping, identity verification, and receipt requirements.
  • Imposes a hard cap on per-transaction fees (maximum 3% of the USD value).
  • Adds explicit fraud warnings and a mandatory refund provision for new customers under certain fraud conditions.
  • Requires ongoing monitoring, blocking of certain overseas-wallet transfers, and explicit daily transaction limits by customer type.
  • Repeals certain earlier subsections and updates related definitions to align with the new framework.

Practical impact and who is affected

  • Virtual currency kiosk operators: more stringent licensing, reporting, identity verification, disclosures, and fraud-prevention requirements; must implement blockchain analytics and live support systems; must enforce new transaction limits and fee caps.
  • Minnesota users: stronger consumer protections, clearer disclosures, identity verification, fraud warnings, and potential refunds for new customers in fraud cases.
  • Regulators: increased authority to require analytics evidence, monitor compliance, and enforce penalties for violations.

Note on enforcement and oversight

  • The bill assigns regulatory authority to the Department of Commerce for enforcement and to provide input on fraud reporting; it also allows the department to request evidence of blockchain analytics usage from operators.

Relevant Terms blockchain analytics; blockchain analytics and tracing software; virtual currency kiosk; user; new customer; existing customer; tangible net worth; disclosures; risk disclosures; fees; transaction limits; daily limit; transaction hash; wallet addresses; overseas exchanges; fraud; government-issued identification; Department of Commerce; compliance; receipt; verification of user identity; refunds; regulatory enforcement.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 16, 2026HouseActionIntroduction and first reading, referred toCommerce Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Definition of virtual currency kiosk introduced to Subd.10."
      ],
      "removed": [],
      "summary": "Adds a formal definition for 'Virtual currency kiosk' in 53B.69 Subd.10.",
      "modified": [
        "Clarifies scope of terms related to virtual currency kiosks within the statute."
      ]
    },
    "citation": "53B.69 Subd.10",
    "subdivision": "subd.10"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Subd.3b New customer definition repealed."
      ],
      "summary": "Repeals Subd.3b from 53B.69 (definition related to 'New customer').",
      "modified": []
    },
    "citation": "53B.69 Subd.3b",
    "subdivision": "subd.3b"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Subd.3c Existing customer definition repealed."
      ],
      "summary": "Repeals Subd.3c from 53B.69 (definition related to 'Existing customer').",
      "modified": []
    },
    "citation": "53B.69 Subd.3c",
    "subdivision": "subd.3c"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Referenced in the bill as part of the scope for violations; cross-reference to violations across 53B.71–53B.76.",
      "modified": [
        "Cross-reference context established for violation scope."
      ]
    },
    "citation": "53B.71",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Recordkeeping and tangibile net worth considerations added for licensees."
      ],
      "removed": [],
      "summary": "Amends 53B.74 to impose virtual currency business activities requirements.",
      "modified": [
        "Expands requirements for licensee calculations and recordkeeping."
      ]
    },
    "citation": "53B.74",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Initial risk disclosures specified, including lack of legal tender status and price volatility."
      ],
      "removed": [],
      "summary": "Disclosures on material risks before entering an initial virtual currency transaction.",
      "modified": [
        "Enhances pre-transaction risk disclosure requirements."
      ]
    },
    "citation": "53B.75 Subd.1",
    "subdivision": "subd.1"
  },
  {
    "analysis": {
      "added": [
        "Requirements to disclose transaction amount, fees, and other terms; pre-transaction notices."
      ],
      "removed": [],
      "summary": "Disclosures on terms and conditions before each transaction.",
      "modified": [
        "Expands pre-transaction disclosures and related obligations."
      ]
    },
    "citation": "53B.75 Subd.2",
    "subdivision": "subd.2"
  },
  {
    "analysis": {
      "added": [
        "Requirement for acknowledgment of disclosures at the kiosk."
      ],
      "removed": [],
      "summary": "Acknowledgment of disclosures; receipt provided to user.",
      "modified": [
        "Adds mandatory receipt (physical or electronic) containing transaction details and disclosures."
      ]
    },
    "citation": "53B.75 Subd.3",
    "subdivision": "subd.3"
  },
  {
    "analysis": {
      "added": [
        "Identity verification requirements before accepting payment; collection of name, birth date, contact info; five-year retention."
      ],
      "removed": [],
      "summary": "Verification of user identity; data collection and retention.",
      "modified": [
        "Introduces identity verification and data retention provisions."
      ]
    },
    "citation": "53B.75 Subd.3a",
    "subdivision": "subd.3a"
  },
  {
    "analysis": {
      "added": [
        "Full refunds within 72 hours for new customers; fraud-related refund considerations."
      ],
      "removed": [],
      "summary": "Refunds for new customers within a 72-hour window and fraud-related provisions.",
      "modified": [
        "Defines conditions for refunds and fraud reporting."
      ]
    },
    "citation": "53B.75 Subd.4",
    "subdivision": "subd.4"
  },
  {
    "analysis": {
      "added": [
        "Daily limit of 2000 for new customers; 1000 for existing customers; limits for operators under federal law."
      ],
      "removed": [],
      "summary": "Transaction limits for new vs existing customers.",
      "modified": [
        "Implements tiered transaction limits."
      ]
    },
    "citation": "53B.75 Subd.5",
    "subdivision": "subd.5"
  },
  {
    "analysis": {
      "added": [
        "Use of blockchain analytics and tracing software; blocking of wallets associated with overseas exchanges; evidence upon request."
      ],
      "removed": [],
      "summary": "Blockchain analytics requirement and related safeguards.",
      "modified": [
        "Integrates analytics and enforcement measures into operations."
      ]
    },
    "citation": "53B.75 Subd.6",
    "subdivision": "subd.6"
  },
  {
    "analysis": {
      "added": [
        "Prohibition on charging more than 3% of USD equivalent per transaction."
      ],
      "removed": [],
      "summary": "Transaction fees cap for virtual currency transactions.",
      "modified": [
        "Imposes a fee cap to limit charges per transaction."
      ]
    },
    "citation": "53B.76",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Cross-reference tying violations to 325F.69 penalties."
      ],
      "removed": [],
      "summary": "Establishes violation as subject to civil penalties under 325F.69.",
      "modified": [
        "Links 53B.71–53B.76 violations to 325F.69 enforcement."
      ]
    },
    "citation": "53B.77",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Enforcement reference establishing penalties for violations; cross-reference in 53B.77.",
      "modified": [
        "Explicitly references 325F.69 for penalties related to 53B.71–53B.76 violations."
      ]
    },
    "citation": "325F.69",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee
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