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3 min read

Considering Legislation to Protect North Dakota Consumers From Crypto ATM Fraud

by Mark Valerius
2 years ago
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Considering Legislation to Protect North Dakota Consumers From Crypto ATM Fraud
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Key Points

  • North Dakota regulators are considering a bill aimed at protecting consumers from cryptocurrency ATM scams.
  • The proposed House Bill 1447 aims to regulate transaction fees, cap daily withdrawals, and require fraud warning notices on crypto ATMs.

North Dakota officials are deliberating on a proposed bill aimed at offering protection to consumers against scams linked to cryptocurrency ATMs.

The bill, known as House Bill 1447, was discussed during a hearing on January 22. It was introduced to the state’s legislative assembly earlier this month. The bill proposes to regulate transaction fees, cap daily withdrawals, and require fraud warning notices on crypto ATMs. This is to protect residents from falling prey to financial scams.

Cryptocurrency ATMs and Scams

Cryptocurrency ATMs are kiosks located at physical sites that allow users to convert cash into cryptocurrencies like Bitcoin and Ethereum, and vice versa. However, due to limited regulation and the anonymity of cryptocurrency transactions, these ATMs have become targets for scammers.

In 2023 alone, North Dakota’s Department of Financial Institutions Commissioner, Lisa Kruse, reported that locals lodged 103 crypto scam complaints with the FBI, resulting in reported losses of $6.5 million.

Data from the Federal Trade Commission indicates that scam incidents in the United States have increased more than tenfold between 2020 and 2023.

Details of House Bill 1447

House Bill 1447 proposes several protective measures. These include a $1,000 cap on daily withdrawals and a limit on transaction fees to $5 or 3% of the transaction amount, whichever is higher.

The bill also mandates that all crypto ATMs display fraud warning notices to alert users of common scam tactics. Users will also be informed about the irreversible nature of crypto transactions, emphasizing that funds, once sent, may not be retrievable.

Kiosk operators will be required to obtain a license, adhere to state law requirements for money transmitters, and submit quarterly reports to the state commissioner. Furthermore, they must ensure that kiosks are placed in commercially accessible areas, are user-friendly for those with mobility limitations, and have adequate security measures such as proper lighting and surveillance.

The bill has garnered support from committee members and industry representatives. However, some, like Kevin Lolli from CoinFlip, were against the transaction limits and fee caps.

Global Regulatory Efforts

Regulators worldwide are stepping up oversight of the sector due to the rise in crypto ATM-related fraud cases. Concerns over money laundering and unregulated operations also persist.

On January 22, the Niagara Regional Police in Ontario, Canada, announced a similar initiative, stating that they would work with major kiosk operators to issue warnings on crypto ATM machines.

In Germany, authorities have conducted nationwide raids to clamp down on unlicensed crypto ATM operations, seizing approximately $28 million in cash and 13 kiosks as part of their efforts.

Mark Valerius

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