Session Law 2026-45 (HB 920) — Virtual Currency Kiosk Consumer Protection Act

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GENERAL ASSEMBLY OF NORTH CAROLINA
                                 SESSION 2025

                                    SESSION LAW 2026-45
                                      HOUSE BILL 920

AN ACT TO ENACT THE VIRTUAL CURRENCY KIOSK CONSUMER PROTECTION
  ACT.

The General Assembly of North Carolina enacts:

           SECTION 1. Chapter 53 of the General Statutes is amended by adding a new Article
to read:
                                           "Article 26.
                      "Virtual Currency Kiosk Consumer Protection Act.
"§ 53-441. Short title.
    This Article may be cited as the Virtual Currency Kiosk Consumer Protection Act.
"§ 53-442. Definitions.
    The following definitions apply in this Article:
           (1)    Bank Secrecy Act. – The Bank Secrecy Act, 31 U.S.C. § 5311, et seq., and its
                  implementing rules and regulations, as amended and recodified from time to
                  time.
           (2)    Blockchain. – A distributed digital ledger or database which is chronological,
                  consensus-based, decentralized, and mathematically verified in nature.
           (3)    Blockchain analytics. – A software service that uses data from various virtual
                  currencies and their applicable blockchains to provide a risk rating specific to
                  digital wallet addresses from users of virtual currency kiosks.
           (4)    Commissioner. – The Commissioner of Banks of the State of North Carolina.
           (5)    Digital wallet. – Hardware or software that enables individuals to store and
                  use virtual currency.
           (6)    Digital wallet address. – An alphanumeric identifier representing a destination
                  on a blockchain for a virtual currency transfer that is associated with a digital
                  wallet.
           (7)    Dollar. – The United States dollar.
           (8)    Existing virtual currency customer. – A person whose first transaction with a
                  licensee to transmit virtual currency occurred more than 30 days ago.
           (9)    Fiat currency. – A medium of exchange that is authorized or adopted by the
                  United States government as part of its currency and is not backed by a
                  commodity.
           (10) Individual. – A natural person.
           (11) New virtual currency customer. – A person that has no previous transactions
                  with a licensee to transmit virtual currency or a person whose first transaction
                  with a licensee to transmit virtual currency occurs within the past 30 days.
           (12) NMLS. – The Nationwide Multistate Licensing System and Registry
                  developed by the Conference of State Bank Supervisors and the American
                  Association of Residential Mortgage Regulators and owned and operated by
                  the State Regulatory Registry, LLC, or any successor or affiliated entity, for
                  the licensing and registration of persons in financial services industries.

                                      *H920-v-6*
           (13)     Prevailing market value. – The value, in dollars, to buy or sell a particular
                    virtual currency, as applicable, at the time of the transaction, as quoted on a
                    virtual currency exchange operated by a licensee based in the United States
                    and having sufficient transaction volume to reflect the prevailing market price
                    of the virtual currency.
            (14) Spread. – The amount, in dollars, of any difference between the dollar price
                    of the virtual currency that is charged to the customer to buy, sell, exchange,
                    swap, or convert the virtual currency and the prevailing market value of the
                    virtual currency at the time of the transaction.
            (15) United States PATRIOT Act. – The Uniting and Strengthening America by
                    Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
                    Act of 2001 and its implementing rules and regulations, as amended and
                    recodified from time to time.
            (16) Virtual currency. – Any type of digital unit that is used as a medium of
                    exchange or a form of digitally stored value or that is incorporated into
                    payment system technology. Virtual currency includes digital units of
                    exchange that (i) have a centralized repository or administrator, (ii) are
                    decentralized and have no centralized repository or administrator, or (iii) may
                    be created or obtained by computing or manufacturing effort. Virtual currency
                    does not include digital units that are used (i) solely within online gaming
                    platforms with no market or application outside of the gaming platforms or
                    (ii) exclusively as part of a consumer affinity or rewards program and can be
                    applied solely as payment for purchases with the issuer or other designated
                    merchants but cannot be converted into or redeemed for fiat currency.
            (17) Virtual currency kiosk. – Any fully automated electronic machine owned,
                    operated, or used by a virtual currency kiosk operator that enables the owner
                    or operator to facilitate the transfer of fiat currency to a public key that is
                    recorded on the blockchain, as directed by the customer.
            (18) Virtual currency kiosk operator. – A corporation, limited liability company,
                    limited liability partnership, or foreign entity qualified to do business in the
                    State that operates a virtual currency kiosk within the State. The term does not
                    include a business location, property owner, lessee, or other person that
                    provides space for a virtual currency kiosk manufactured or distributed by a
                    third party.
"§ 53-443. Confidentiality.
    (a)     Except as otherwise provided in this section, all information or reports obtained by
the Commissioner from a virtual currency kiosk operator and all information contained in or
related to an examination, investigation, operating report, or condition report prepared by, on
behalf of, or for the use of the Commissioner are confidential and are subject to confidential
treatment as set forth in G.S. 53-208.59 and G.S. 53C-2-7.
    (b)     Information contained in the records of the Commissioner that is not confidential and
may be available to the public either on the Commissioner's website, upon receipt by the
Commissioner of a written request, or in NMLS includes:
            (1)     The name, business address, telephone number, and unique identifier of a
                    virtual currency kiosk operator.
            (2)     The business address of a virtual currency kiosk operator's registered agent
                    for service.
            (3)     Copies of any final orders of the Commissioner relating to any violation of
                    this Article or rules implementing this Article.
"§ 53-444. Relationship to federal law.

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    If anything in this Article is inconsistent with federal law, including, but not limited to, the
Bank Secrecy Act or the United States PATRIOT Act, the applicable federal law shall govern to
the extent of any inconsistency. Any provision of this Article that imposes stricter requirements
or affords greater rights, protections, or remedies to consumers than federal law shall not be
deemed inconsistent with federal law unless specifically preempted.
"§ 53-445. Supervision.
    (a)     The Commissioner may request evidence of compliance with this Article or a rule
adopted or order issued under this Article as reasonably necessary or appropriate to administer
and enforce this Article, and other applicable law, including the Bank Secrecy Act and the United
States PATRIOT Act.
    (b)     A virtual currency kiosk operator shall provide the Commissioner all records the
Commissioner may reasonably require to ensure compliance with this Article.
"§ 53-446. Disclosures.
    (a)     Disclosures of Material Risks. – As part of establishing a relationship with a customer,
and prior to entering into an initial transaction for, on behalf of, or with the customer, each virtual
currency kiosk operator shall disclose in clear, conspicuous, and legible writing in the English
language, whether in accessible terms of service or elsewhere, all material risks associated with
its products, services, and activities and virtual currency generally, including disclosures
substantially similar to the following:
    "Virtual currency is not legal tender, is not backed by the government, and accounts and value
balances are not subject to Federal Deposit Insurance Corporation or Securities Investor
Protection Corporation protections.
    Transactions in virtual currency may be irreversible, and, accordingly, losses due to
fraudulent or accidental transactions may not be recoverable.
    The nature of virtual currency may lead to an increased risk of fraud or cyber attack.
    The nature of virtual currency means that any technological difficulties experienced by the
virtual currency kiosk operator may prevent the access or use of a customer's virtual currency.
    Any bond or trust account maintained by the virtual currency kiosk operator for the benefit
of its customers may not be sufficient to cover all losses incurred by customers."
    (b)     Disclosure of General Terms and Conditions. – When opening an account for a new
customer, and prior to entering into an initial transaction for, on behalf of, or with the customer,
each virtual currency kiosk operator shall disclose in clear, conspicuous, and legible writing in
the English language, whether in accessible terms of service or elsewhere, all relevant terms and
conditions associated with its products, services, and activities and virtual currency generally,
including disclosures substantially similar to the following:
            (1)     The customer's liability for unauthorized virtual currency transactions.
            (2)     Under what circumstances the virtual currency kiosk operator will, absent a
                    court or government order, disclose information concerning the customer's
                    account to third parties.
            (3)     The customer's right to receive periodic account statements and valuations
                    from the virtual currency kiosk operator.
            (4)     The customer's right to receive a receipt, trade ticket, or other evidence of a
                    transaction.
            (5)     The customer's right to prior notice of a change in the virtual currency kiosk
                    operator's rules or policies.
            (6)     The amount of the transaction denominated in dollars as well as the applicable
                    virtual currency.
            (7)     Any fees or expenses charged by the virtual currency kiosk operator.
            (8)     Any applicable exchange rates.
            (9)     Other disclosures as are customarily given in connection with the opening of
                    customer accounts.

House Bill 920                          Session Law 2026-45                                    Page 3
    (c)     Warning Disclosure. – Prior to entering into a virtual currency transaction with a
customer, each virtual currency kiosk operator shall ensure a warning is disclosed to a customer
substantially similar to the following:
    "Customer Notice. Please Read Carefully.
    Were you contacted by someone urging you to use this kiosk? If so, you may be the victim
of a scam, and you should NOT PROCEED with the transaction. Scammers often pretend to be:
    · Your bank;
    · Your software provider (these scammers often make contact through a pop-up message on
your computer);
    · A new friend or romantic interest who needs money (or who can help you invest in
cryptocurrency);
    · The police;
    · A government agency (such as Social Security, Medicare, or the IRS);
    · A utility;
    · An investment advisor;
    · A legal official (who may say that you have a criminal warrant or missed jury duty or owe
bail money); or
    · A legitimate sweepstakes (claiming you won the lottery and have to prepay to receive your
winnings).
    DO NOT USE THIS KIOSK under any of these circumstances or other situations where you
are pressured to make a payment through a kiosk. Also, you should immediately report the scam
to law enforcement.
    I understand that the purchase and sale of cryptocurrency is a final irreversible and
nonrefundable transaction.
    I confirm I am sending funds to a wallet I own or directly have control over. I confirm that I
am using funds gained from my own initiative to make my transaction."
    (d)     Interactive Fraud-Screen Requirement. – In addition to all disclosures required under
this section, each virtual currency kiosk shall implement an interactive fraud-screen process
meeting all of the following requirements:
            (1)     For each required disclosure required by this section, the kiosk shall display a
                    dedicated screen that does all of the following:
                    a.      Restates the disclosure in clear, conspicuous, and plain language.
                    b.      Asks the customer: "Does this fraud warning apply to you or your
                            situation?" with selectable options "Yes" and "No".
            (2)     Each fraud screen shall remain visible and non-interactive for not less than 10
                    seconds before the customer may select an option or proceed. The kiosk shall
                    display a countdown timer or other indicator showing the remaining time.
            (3)     If the customer selects "Yes" on any fraud screen, the kiosk shall do all of the
                    following:
                    a.      Immediately terminate the transaction.
                    b.      Display a message stating that the transaction has been stopped for the
                            customer's protection.
                    c.      Disable the customer's account, wallet address, phone number, or other
                            unique identifier used for kiosk access for a period of not less than 24
                            hours.
            (4)     A kiosk operator shall not allow any customer to bypass, skip, accelerate, or
                    otherwise avoid the fraud-screen process required by this subsection.
    (e)     Disclosures Before Each Transaction. – Prior to the completion of each virtual
currency transaction, each virtual currency kiosk operator shall ensure the following is disclosed
in a clear and conspicuous manner to the customer:
            (1)     All fees and charges associated with the transaction.

Page 4                                 Session Law 2026-45                          House Bill 920
            (2)     The exchange rates.
            (3)     The spread.
            (4)     Any customer liability.
"§ 53-447. Prohibition on QR Code or Scan-Based Login.
    (a)     Ban on QR Code, Barcode, and Similar Login Methods. – A kiosk operator shall not
implement any feature, workflow, or device that enables a customer to access, authenticate, or
log in to an account, wallet, or transaction interface through a QR code, barcode, or similar
scan-based mechanism, including any of the following:
            (1)     Scanning a code displayed on a mobile device.
            (2)     Scanning a printed code linked to a customer account.
            (3)     Using a camera-based or optical-reader login process that substitutes for
                    manual entry.
    (b)     Permitted Authentication Methods. – Customer authentication at a virtual currency
kiosk is limited to any of the following:
            (1)     Manual entry of a phone number, account identifier, or other unique customer
                    credential.
            (2)     Manual entry of any verification code sent to the customer.
            (3)     An additional authentication method approved by the Commissioner that does
                    not rely on optical scanning or automated code-reading.
    (c)     Technical Safeguards. – Each kiosk shall disable or physically block any camera,
optical reader, or scanning component unless required for identity-verification purposes
expressly authorized by this Article and approved by the Commissioner.
"§ 53-448. Receipts.
    (a)     An owner of a virtual currency kiosk or a virtual currency kiosk operator, upon the
completion of a virtual currency transaction, shall provide to the customer a receipt containing:
            (1)     The name of, and contact information for, the owner of the virtual currency
                    kiosk or the virtual currency kiosk operator, including the owner of the virtual
                    currency kiosk's or the virtual currency kiosk operator's business address and
                    a customer service telephone number established by the owner of a virtual
                    currency kiosk or the virtual currency kiosk operator to answer questions and
                    register complaints.
            (2)     The name of the customer.
            (3)     The type, value, date and precise time of the virtual currency transaction,
                    transaction hash or identification number, and each virtual currency address.
            (4)     The amount of the virtual currency transaction expressed in dollars.
            (5)     The public virtual currency address of the customer.
            (6)     The unique identifier of the virtual currency kiosk operator.
            (7)     Any fee charged, including a fee charged directly or indirectly by the owner
                    of the virtual currency kiosk or the virtual currency kiosk operator or a third
                    party involved in the virtual currency transaction.
            (8)     The exchange rate of the virtual currency to dollars.
            (9)     Any tax collected by the owner of the virtual currency kiosk or the virtual
                    currency kiosk operator for the virtual currency transaction.
            (10) A statement of the liability of the owner of the virtual currency kiosk or the
                    virtual currency kiosk operator for nondelivery or delayed delivery.
            (11) A statement of the refund policy of the owner of the virtual currency kiosk or
                    the virtual currency kiosk operator.
            (12) The name and telephone number of the Commissioner, and a statement
                    disclosing that customers may contact the Commissioner with questions or
                    complaints about virtual currency kiosk services provided by the owner or
                    operator of the virtual currency kiosk.

House Bill 920                         Session Law 2026-45                                  Page 5
           (13)       The name of the licensed virtual currency exchange the operator used to
                      calculate the spread.
            (14) The name and contact information of the designated recipient of the
                      controllable electronic record transaction.
            (15) Any additional information the Commissioner may require.
    (b)     The receipt required under subsection (a) of this section shall be provided as a
physical written receipt unless the customer requests to receive an electronic receipt. The receipt
shall satisfy all of the following:
            (1)       Have a retainable form.
            (2)       Be written in English and in the language principally used by the owner of the
                      virtual currency kiosk or the virtual currency kiosk operator to advertise,
                      solicit, or negotiate, orally or in writing.
"§ 53-449. Blockchain analytics.
    All virtual currency kiosk operators shall use blockchain analytics software to assist in the
prevention of sending purchased virtual currency from a virtual currency kiosk operator to a
digital wallet known to be affiliated with fraudulent activity at the time of a transaction. The
Commissioner may request evidence from any virtual currency kiosk operator of current use of
blockchain analytics.
"§ 53-450. Customer service.
    Each virtual currency kiosk operator performing business in the State must, at a minimum,
provide live customer service at all times that the operator's virtual currency kiosks are available
for public use. The customer service toll-free number must be displayed on the virtual currency
kiosk or the virtual currency kiosk screens.
"§ 53-451. Anti-fraud policy.
    All virtual currency kiosk operators shall take reasonable steps to detect and prevent fraud,
including establishing and maintaining a written anti-fraud policy. The anti-fraud policy shall, at
a minimum, include:
            (1)       The identification and assessment of fraud-related risk areas.
            (2)       Procedures and controls to protect against identified risks.
            (3)       Allocation of responsibility for monitoring risks.
            (4)       Procedures for the periodic evaluation and revision of the anti-fraud
                      procedures, controls, and monitoring mechanisms.
"§ 53-452. Compliance policies.
    (a)     Each virtual currency kiosk operator is required to comply with the provisions of this
Article, any lawful order, or rule, made or issued under the provisions of this Article, and all
applicable federal and State laws, rules, and regulations.
    (b)     Each virtual currency kiosk shall maintain, implement, and enforce written
compliance policies and procedures. Those policies and procedures must be reviewed and
approved by the virtual currency kiosk operator's board of directors or an equivalent governing
body of the virtual currency kiosk operator.
"§ 53-453. Compliance officer.
    (a)     Each virtual currency kiosk operator shall designate and employ a compliance officer
with the following requirements:
            (1)       The individual must be qualified to coordinate and monitor compliance with
                      this Article and all other applicable federal and State laws, rules, and
                      regulations.
            (2)       The individual must be employed full time by the virtual currency kiosk
                      operator.
            (3)       The designated compliance officer cannot be any individual who owns more
                      than twenty percent (20%) of the virtual currency kiosk operator by whom the
                      individual is employed.

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    (b)      Compliance responsibilities required under federal and State laws, rules, and
regulations shall be completed by full-time employees of the virtual currency kiosk operator.
"§ 53-454. Consumer protection officer.
    Each virtual currency kiosk operator shall designate and employ a consumer protection
officer with each of the following requirements:
             (1)     The individual must be qualified to coordinate and monitor compliance with
                     this Article and all other applicable federal and State laws, rules, and
                     regulations.
             (2)     The individual must be employed full time by the virtual currency kiosk
                     operator.
             (3)     The designated consumer protection officer cannot be an individual who owns
                     more than twenty percent (20%) of the virtual currency kiosk operator by
                     whom the individual is employed.
"§ 53-455. Reporting virtual currency kiosk locations.
    (a)      Each virtual currency kiosk operator shall submit a report of the location of each
virtual currency kiosk located within the State within 45 days of the end of the calendar quarter.
The Commissioner shall formulate a system for virtual currency kiosk operators to submit
location information consistent with the requirements of this section.
    (b)      The location report shall include, at a minimum, the following regarding the location
where a virtual currency kiosk is located:
             (1)     Company legal name.
             (2)     Any fictitious or trade name.
             (3)     Physical address.
             (4)     Start date of operation of virtual currency kiosk at location.
             (5)     End date of operation of virtual currency kiosk at location, if applicable.
"§ 53-456. Money transmitter license.
    Any virtual currency kiosk operator who owns, operates, solicits, markets, advertises, or
facilitates virtual currency kiosks in this State is deemed to be engaged in money transmission
and requires licensure under Article 16B of this Chapter.
"§ 53-457. Virtual currency customers; daily limit; refunds; cancellation; fees.
    (a)      Daily Limit. – A virtual currency kiosk operator shall impose a daily transaction limit
equivalent to the following dollar values for transmissions of virtual currency through one or
more of the virtual currency kiosk operator's kiosks:
             (1)     Two thousand dollars ($2,000) for a new virtual currency customer.
             (2)     Five thousand dollars ($5,000) for an existing virtual currency customer.
    (b)      Refunds. – A virtual currency kiosk operator shall provide refunds as follows:
             (1)     The virtual currency kiosk operator shall refund the full dollar amount
                     deposited into a kiosk if all of the following apply:
                     a.       The person reported the fraudulent nature of the transmission to the
                              Commissioner within 30 days of the transmission.
                     b.       The Commissioner determined that the transaction was fraudulent in
                              accordance with the Commissioner's established procedures.
                     c.       The person was a new virtual currency customer at the time of the
                              transaction.
             (2)     The virtual currency kiosk operator shall refund fees imposed by the operator
                     if all of the following apply:
                     a.       The person reported the fraudulent nature of the transmission to the
                              Commissioner within 30 days of the transmission.
                     b.       The Commissioner determined that the transaction was fraudulent in
                              accordance with the Commissioner's established procedures.

House Bill 920                         Session Law 2026-45                                  Page 7
                   c.        The person was an existing virtual currency customer at the time of
                             the transaction.
    (c)     Cancellation of Transaction. – A customer shall have the option to cancel any
transaction and receive a full and immediate refund if the cancellation is done before the
transaction is completed. The kiosk shall provide a receipt compliant with G.S. 53-448 for any
cancelled transaction.
    (d)     Fees. – The aggregate fees and charges directly or indirectly charged to a customer
related to a single transaction or series of related transactions involving virtual currency effected
through a virtual currency kiosk in this State, including the spread, shall not exceed twelve
percent (12%) of the dollar equivalent of the virtual currency involved in the transaction or
transactions.
"§ 53-458. Mandatory hold on transactions.
    (a)     48-Hour Transaction Hold. – A virtual currency kiosk operator shall impose a 48-hour
hold on all transactions initiated by a customer whose first transaction occurred within the past
seven days. During this hold period, the virtual currency kiosk shall do all of the following:
            (1)      Accept the transaction request and record all required information.
            (2)      Not transmit, transfer, or make available any virtual currency to the customer.
            (3)      Display a notice informing the customer that the transaction will not be
                     completed until the expiration of the 48-hour hold.
    (b)     Prohibition on Early Releases. – A virtual currency kiosk operator shall not release,
settle, or complete any transaction subject to the 48-hour hold before the hold period expires,
regardless of customer request, operator discretion, or automated system behavior.
    (c)     Multiple Transactions During Hold Period. – If multiple transactions are initiated by
a customer during the initial seven-day period, each transaction is subject to its own 48-hour
hold, measured from the time that transaction was initiated.
"§ 53-459. Enforcement.
    (a)     A violation of this Article is an unfair trade practice under G.S. 75-1.1.
    (b)     The Commissioner may impose a civil penalty on any virtual currency kiosk operator
that violates this Article in an amount of not more than one thousand dollars ($1,000) for a first
offense and five thousand dollars ($5,000) for subsequent offenses.
"§ 53-460. Facilitating or inducing a fraudulent virtual currency kiosk transaction a
            misdemeanor.
    It is unlawful for any person to facilitate or induce a fraudulent virtual currency kiosk
transaction. Any person that violates this section is guilty of a Class 1 misdemeanor. The mere
operation, ownership, leasing, or management of a virtual currency kiosk without additional
conduct that facilitates or induces a transaction does not constitute a violation of this section.
"§ 53-461. Local government authority not preempted.
    (a)     No Preemption of Local Authority. – This Article does not preempt, restrict, or
otherwise limit the authority of a city or county to regulate virtual currency kiosks through
zoning, land-use controls, development regulations, or other ordinances adopted pursuant to
Chapter 160D of the General Statutes, provided the ordinances do not conflict with the express
provisions of this Article.
    (b)     Authority to Regulate or Prohibit Virtual Currency Kiosks as a Land Use. – A city or
county may regulate virtual currency kiosks as a distinct land-use category through its zoning
ordinance by doing any of the following:
            (1)      Designating the zoning districts in which virtual currency kiosks are permitted
                     or prohibited.
            (2)      Imposing reasonable conditions on the siting, placement, density, or operation
                     of the virtual currency kiosks.
            (3)      Prohibiting the operation of virtual currency kiosks within the jurisdiction or
                     any portion thereof.

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    (c)     Uniform Application. – Any zoning regulation adopted pursuant to this section shall
apply uniformly to all virtual currency kiosk operators.
    (d)     Construction. – This section shall be liberally construed to preserve local authority to
regulate the land-use impacts, public safety considerations, and community-planning concerns
associated with virtual currency kiosks.
"§ 53-462. Additional authorities and remedies.
    The implementation, administrative authority, and enforcement provisions of Article 16B of
this Chapter apply to this Article."
            SECTION 2. If any provision of this act or its application to any person or
circumstance is held invalid, then the invalidity shall not affect other provisions or applications
of the act that can be given effect without the invalid provision or application and, to that end,
the provisions of this act shall be severable.
            SECTION 3.(a) No later than January 1, 2027, the Commissioner shall adopt a
procedure for determining when a virtual currency transaction is fraudulent, along with other
rules necessary to implement the provisions of this act.
            SECTION 3.(b) This section is effective when it becomes law.
            SECTION 4. Except as otherwise provided, this act becomes effective January 1,
2027, and applies to offenses committed on or after that date.
            In the General Assembly read three times and ratified this the 2nd day of July, 2026.

                                            s/ Rachel Hunt
                                               President of the Senate

                                            s/ Destin Hall
                                               Speaker of the House of Representatives

                                            s/ Josh Stein
                                               Governor

Approved 9:44 a.m. this 7th day of July, 2026

House Bill 920                         Session Law 2026-45                                  Page 9