Illinois § 35

§ 35.

Customer disclosures. (a) Before engaging in each digital asset kiosk transaction with a customer, a digital asset kiosk operator shall provide written disclosure, in English and in the same language principally used by the digital asset kiosk operator to advertise, solicit, or negotiate with a customer, containing the terms and conditions of the transaction that include, at a minimum, all of the following: (1) The amount of the digital assets involved in the transaction. (2) The amount, in United States dollars, of any charges collected by the operator. (3) The United States dollar price of the digital assets that is charged to the customer and the United States dollar market price of the digital assets. (4) All procedures for providing refunds as required by Section 45 of this Act and other methods to reverse or refund a transaction offered by the digital asset kiosk operator. (5) A warning written prominently in bold type stating the following: "Warning: Losses due to fraudulent or accidental transactions may not be recoverable and transactions are irreversible except as otherwise set forth in this disclosure.". (6) Digital assets are not legal tender, are not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. (7) Legislative and regulatory changes or actions at the State, federal, or international level may adversely affect the use, transfer, exchange, and value of digital assets. (8) Some digital asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. (9) The value of a digital asset may be derived from the continued willingness of market participants to exchange fiat currency for digital assets, which may result in the potential for permanent and total loss of value of a particular digital asset should the market for that digital asset disappear. (10) There is no assurance that a person who accepts a digital asset as payment today will continue to do so in the future. (11) The volatility and unpredictability of the price of a digital asset relative to fiat currency may result in significant loss over a short period of time. (12) The nature of digital assets may lead to an increased risk of fraud or cyberattack. (13) The nature of digital assets means that any technological difficulties experienced by the digital asset kiosk operator may prevent access or use of a customer's digital assets. (14) Any bond or trust account maintained by the digital asset kiosk operator for the benefit of its customers may not be sufficient to cover all losses incurred by customers. (b) The disclosures required by this Section shall be clear and conspicuous and provided separately from any other disclosure provided by the digital asset kiosk operator. (c) A digital asset kiosk operator shall provide a customer with a receipt for any transaction made at the digital asset kiosk operator's digital asset kiosk that includes all of the following information: (1) The name of the customer. (2) The date and time of the transaction. (3) The name and contact information of the digital asset kiosk operator. (4) The amount of the digital assets and any digital asset addresses involved in the transaction. (5) The amount of United States dollars or other fiat currency involved in the transaction. (6) The amount, in United States dollars, of any charges collected by the digital asset kiosk operator in relation to the transaction. (7) The amount, in United States dollars, of any spread between the United States dollar price of the digital asset that is charged to the customer and the United States dollar market price of the digital asset. (8) All procedures for providing refunds as required by this Act and any other methods to reverse or refund the transaction offered by the digital asset kiosk operator. (Source: P.A. 104-429, eff. 8-18-25.)