Overview

Title

To amend title 31, United States Code, to prevent fraudulent transactions at virtual currency kiosks, and for other purposes.

ELI5 AI

The "Crypto ATM Fraud Prevention Act of 2025" is like a rulebook for keeping people safe when they use special machines to buy or sell pretend money called virtual currency. It says that the people who run these machines have to follow rules that help stop bad guys from cheating people out of their money.

Summary AI

S. 710, known as the “Crypto ATM Fraud Prevention Act of 2025,” seeks to prevent fraudulent transactions at virtual currency kiosks in the United States. It requires operators of these kiosks to register their machines with the Secretary of the Treasury and provide detailed transaction and machine location information. The bill mandates that these operators ensure transparency by disclosing transaction terms and potential fraud warnings to customers, and it implements measures for customer protection, including a refund policy for fraudulent transactions. Additionally, kiosk operators must use blockchain analytics to prevent fraudulent activities and are required to have an anti-fraud policy, a compliance officer, and a customer service helpline.

Published

2025-02-25
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-02-25
Package ID: BILLS-119s710is

Bill Statistics

Size

Sections:
5
Words:
3,347
Pages:
17
Sentences:
68

Language

Nouns: 1,028
Verbs: 246
Adjectives: 254
Adverbs: 34
Numbers: 109
Entities: 138

Complexity

Average Token Length:
4.35
Average Sentence Length:
49.22
Token Entropy:
5.16
Readability (ARI):
27.11

AnalysisAI

The "Crypto ATM Fraud Prevention Act of 2025" aims to tackle the growing concerns surrounding fraudulent activities at virtual currency kiosks, commonly known as cryptocurrency ATMs. By amending Title 31 of the United States Code, this legislation mandates stricter registration, disclosure, and fraud prevention measures for operators of these kiosks.

General Overview

The bill introduces several critical measures to enhance transparency and security in virtual currency transactions conducted at kiosks. It requires operators to register their kiosks with the Secretary of the Treasury and provide detailed location information regularly. Moreover, it emphasizes the importance of consumer protection by mandating clear transaction disclosures, imposing limits on transaction amounts for new customers, and requiring the use of anti-fraud technologies like blockchain analytics.

Significant Issues

One of the central issues is the mandate for blockchain analytics without defined standards. This could lead to inconsistencies in implementing anti-fraud measures. Additionally, the stipulation that each operator must employ a full-time compliance officer might place a financial strain on smaller operators. Moreover, the refund policy for new customers lacks clarity on the proof of fraud required, potentially opening avenues for false claims. Furthermore, the bill's preemption of state laws without clear guidance on handling more stringent state regulations could lead to regulatory confusion.

Impact on the Public

The proposed bill could have significant implications for consumers and businesses involved in virtual currency transactions. On the positive side, it aims to protect consumers from fraud by ensuring they receive detailed transaction information and are aware of common scams. However, the requirement of verbal confirmation for transactions over $500 with new customers could potentially delay transactions, affecting consumer convenience.

For regular users of virtual currency kiosks, the introduced transaction limits might restrict legitimate activities, especially for individuals engaging in larger transfers. This could deter new customers from exploring digital currency transactions, impacting the growth of virtual currency adoption.

Impact on Specific Stakeholders

Virtual Currency Kiosk Operators: The bill imposes a considerable compliance burden on operators. Apart from extensive registration requirements, the need for a full-time compliance officer and frequent updates to the Treasury Department could increase operational costs.

Small Businesses: Smaller operators might find the requirements particularly challenging. The financial implications of maintaining compliance could disproportionately affect small businesses, potentially driving some out of the market or discouraging new entrants.

Consumers: While enhanced disclosure and refund policies aim to protect consumers, the stringent transaction limits and the procedural hurdles for obtaining refunds may impact their willingness to use these kiosks. Additionally, the environmental and logistical implications of requiring physical receipts, despite the availability of digital options, might be seen as outdated.

In conclusion, while the "Crypto ATM Fraud Prevention Act of 2025" takes significant steps to curb fraud and protect consumers in the growing sector of virtual currency, it also introduces complexities and operational challenges that could affect various stakeholders differently, necessitating a careful balance between regulation and innovation.

Financial Assessment

The proposed bill, titled the "Crypto ATM Fraud Prevention Act of 2025," contains several financial elements that are significant to its implementation and regulatory impact. Below is a detailed examination of how money is being referenced within the bill and its connection to the identified issues.

Financial Transactions

Several financial thresholds and transaction limits are introduced, which are critical to the bill's function. Notably, the bill mandates that any virtual currency kiosk transaction valued at $500 or more requires verbal confirmation from new customers that they are proceeding with the transaction of their own volition and understanding. This requirement places procedural emphasis on transactions of a significant financial amount, thereby aiming to reduce fraudulent activities but potentially creating barriers to legitimate transactions (Issue: Transaction limits for new customers may be overly restrictive).

Additionally, the bill restricts new customers to a maximum of $2,000 in a 24-hour period and an overall total of $10,000. While these limitations are intended to safeguard new participants from fraud, they could also inadvertently hinder larger legitimate transactions, imposing limitations on customer interactions with virtual currency kiosks.

Refund Policies

The provisions concerning refunds are heavily focused on financial transactions. When a customer, identified as a "new customer," is fraudulently induced to participate in a transaction, a full refund is required, covering the entire transaction amount and all associated fees. For existing customers, only transaction fees are refundable under fraudulent circumstances.

The bill imposes enhanced damages where any operator willfully denies a proper refund, penalizing them three times the refund amount or $10,000, whichever is higher. This introduces a substantial financial penalty mechanism aimed at ensuring kiosk operators adhere to refund obligations. However, the lack of clear criteria defining willful denial complicates enforcement (Issue: The penalties might be severe and lack clear guidelines, leading to potential ambiguities and unfair penalization).

Compliance Penalties

Further, the bill stipulates a civil monetary penalty of $10,000 for each violation of its regulatory requirements. This significant financial deterrent is designed to encourage compliance but, without precise definitions and standards, could disproportionately affect smaller operators (Issue: Compliance costs may disadvantage smaller businesses, as the stern penalties could threaten their financial viability).

Administrative and Operational Costs

While not a direct allotment of federal funds or appropriations, the financial commitments required by kiosk operators under this act could be significant. For example, each operator must appoint a full-time compliance officer—an expenditure that may be burdensome, especially for smaller entities. The act also requires frequent submissions of operational data every 90 days, introducing continuous administrative overhead.

Conclusion

The bill's financial stipulations aim to bolster consumer protection against fraudulent activities at virtual currency kiosks. However, the financial references also highlight potential burdens and challenges for operators, particularly in terms of compliance costs, refund policies, and transaction limits. These financial elements play a vital role in the overall impact of the legislation, affecting both the consumer protection objective and the operational feasibility for industry participants.

Issues

  • The bill mandates the use of blockchain analytics (Sec. 3), but does not specify standards or controls to evaluate or verify the effectiveness of these analytics. This could lead to inconsistencies in preventing fraud and may result in ineffective detection of illicit activities.

  • The requirement for each virtual currency kiosk operator to have a full-time compliance officer (Sec. 3) imposes a significant cost burden, especially on small operators, without clear justification for its necessity, which may disadvantage smaller businesses.

  • The language regarding the refund policy for 'new customers' and 'existing customers' (Sec. 3) may be potentially burdensome for smaller operators. It requires refunds of full transaction amounts and fees without clear stipulations on proof of fraud or protections against false claims, creating financial and operational risks.

  • The section on verbal confirmation (Sec. 3) may be logistically difficult to implement and enforce, particularly given the vague definition of what constitutes 'reasonable effort' to determine if a customer is being fraudulently induced.

  • The requirement for physical receipts (Sec. 3) could be considered redundant in a digital-focused world, posing environmental and practical issues, despite also permitting digital receipts.

  • The penalties outlined (Sec. 3) might be severe, particularly the enhanced damages for willfully denying a refund, but lack clear guidelines on what constitutes a willful violation, potentially leading to unfair penalization.

  • The bill's preemption of state laws (Sec. 3) to the extent of conflict does not clarify how more stringent state laws should be managed, potentially causing regulatory confusion and compliance challenges for operators across different states.

  • Transaction limits for new customers (Sec. 5337) may be overly restrictive, potentially hampering legitimate transactions and creating barriers to entry for new users.

  • The definitions of 'fraudulent activity' and 'suspected fraudulent activity' (Sec. 5337) are not clear, leading to potential ambiguities in enforcement of the anti-fraud measures.

  • The requirement for frequent submissions (every 90 days) by virtual currency kiosk operators (Sec. 2) could be onerous for small businesses, requiring additional administrative resources without necessarily increasing security or compliance.

  • The provision allowing for state laws to provide greater customer protection (Sec. 5337) could result in a fragmented regulatory environment, complicating compliance and economic fairness across states, potentially leading to increased operational costs.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill is titled the "Crypto ATM Fraud Prevention Act of 2025," which is intended to address issues related to fraud involving cryptocurrency ATMs.

2. Registration with the Secretary of the Treasury Read Opens in new tab

Summary AI

According to the revised section of the U.S. Code, virtual currency kiosk operators in the United States must register their locations with the Secretary of the Treasury every 90 days, providing details such as their legal and trade names, physical addresses of kiosks, operational dates, and any virtual currency addresses they use. Submitting false or incomplete information will be considered non-compliance.

3. Preventing fraudulent transactions at virtual currency kiosks Read Opens in new tab

Summary AI

The bill introduces measures to prevent fraud at virtual currency kiosks, requiring operators to provide clear transaction details, warnings about common scams, and customer service support. It also mandates fraud prevention strategies, including the use of blockchain analytics, compliance officers, limits on transactions for new customers, and provisions for refunds if a customer was tricked into a fraudulent transaction.

Money References

  • “(4) The amount of the virtual currency kiosk transaction expressed in United States dollars.
  • “(i) Verbal confirmation required before new customer transactions.— “(1) IN GENERAL.—Before entering into a virtual currency kiosk transaction valued at 500 dollars or more with a new customer, a virtual currency kiosk operator shall obtain verbal confirmation from the new customer that— “(A) the new customer wishes to proceed with the virtual currency kiosk transaction; “(B) the new customer understands the nature of the virtual currency kiosk transaction; and “(C) the new customer is not being fraudulently induced to engage in the transaction.
  • “(j) Refunds.— “(1) IN GENERAL.— “(A) NEW CUSTOMERS.—Not later than 30 days after receiving an application under paragraph (2), a virtual currency kiosk operator shall issue a refund to a customer for the full amount of each virtual currency kiosk transaction, including the dollar value of virtual currency exchanged and all transaction fees, made during the period in which the customer was a new customer and for which the customer was fraudulently induced to engage in the virtual currency kiosk transaction.
  • “(3) ENHANCED DAMAGES.—Any person who willfully denies a refund to a customer in violation of paragraph (1) shall be liable to the customer for 3 times the amount of the refund owed under that paragraph or $10,000, whichever is greater.
  • “(k) Transaction limits with respect to new customers.— “(1) IN A 24-HOUR PERIOD.—A virtual currency kiosk operator shall not accept more than $2,000, or the equivalent amount in virtual currency, from any new customer during any 24-hour period.
  • “(2) TOTAL.—A virtual currency kiosk operator shall not accept a total of more than $10,000, or the equivalent amount in virtual currency, from any new customer.
  • “(n) Civil penalties.— “(1) IN GENERAL.—Any person who fails to comply with any requirement of this section, or any regulation prescribed under this section, shall be liable to the United States for a civil monetary penalty of $10,000 for each such violation.

5337. Virtual currency kiosk fraud prevention Read Opens in new tab

Summary AI

This section mandates safeguards against fraud for virtual currency kiosks, including clear disclosures, receipt issuance, anti-fraud policies, and customer service. It requires verbal confirmation for large transactions with new customers, limits transaction amounts, and outlines procedures for refunds and communication with law enforcement. Violations can lead to substantial fines, and the section preempts conflicting state laws while allowing more protective state measures.

Money References

  • (4) The amount of the virtual currency kiosk transaction expressed in United States dollars.
  • — (1) IN GENERAL.—Before entering into a virtual currency kiosk transaction valued at 500 dollars or more with a new customer, a virtual currency kiosk operator shall obtain verbal confirmation from the new customer that— (A) the new customer wishes to proceed with the virtual currency kiosk transaction; (B) the new customer understands the nature of the virtual currency kiosk transaction; and (C) the new customer is not being fraudulently induced to engage in the transaction.
  • (j) Refunds.— (1) IN GENERAL.— (A) NEW CUSTOMERS.—Not later than 30 days after receiving an application under paragraph (2), a virtual currency kiosk operator shall issue a refund to a customer for the full amount of each virtual currency kiosk transaction, including the dollar value of virtual currency exchanged and all transaction fees, made during the period in which the customer was a new customer and for which the customer was fraudulently induced to engage in the virtual currency kiosk transaction.
  • (3) ENHANCED DAMAGES.—Any person who willfully denies a refund to a customer in violation of paragraph (1) shall be liable to the customer for 3 times the amount of the refund owed under that paragraph or $10,000, whichever is greater.
  • — (1) IN A 24-HOUR PERIOD.—A virtual currency kiosk operator shall not accept more than $2,000, or the equivalent amount in virtual currency, from any new customer during any 24-hour period.
  • (2) TOTAL.—A virtual currency kiosk operator shall not accept a total of more than $10,000, or the equivalent amount in virtual currency, from any new customer.
  • — (1) IN GENERAL.—Any person who fails to comply with any requirement of this section, or any regulation prescribed under this section, shall be liable to the United States for a civil monetary penalty of $10,000 for each such violation.

4. Effective date Read Opens in new tab

Summary AI

The changes introduced by this Act will become effective 90 days after the Act is officially passed into law.