North Carolina § 66-392 - Record-keeping requirements for currency converters and e-buyers.

§ 66-392. Record-keeping requirements for currency converters and e-buyers.

Every currency converter shall keep consecutively numbered records of each cash purchase. The currency converter shall, at the time of making the purchase, enter upon each record all of the following information, which shall be typed or written in ink and in the English language: A clear and accurate description of the property purchased by the currency converter from the seller, including model and serial number if indicated on the property. The name, residence address, phone number, and date of birth of the seller. The date of the purchase. The type of identification and the identification number accepted from the seller. A description of the seller, including approximate height, weight, sex, and race. The purchase price. The statement that "THE SELLER OF THIS ITEM ATTESTS THAT IT IS NOT STOLEN, HAS NO LIENS OR ENCUMBRANCES, AND IS THE SELLER'S TO SELL." The seller shall sign the record and shall receive an exact copy of the record, which shall be signed or initialed by the currency converter or any employee of the currency converter. These records shall be available for inspection and pickup each regular workday by the sheriff of the county or the sheriff's designee or the chief of police or the chief's designee of the municipality in which the currency converter is located. These records may be electronically reported to the sheriff of the county or the chief of police of the municipality in which the currency converter is located by transmission over the Internet or by facsimile transmission in a manner authorized by the applicable sheriff or chief of police. These records shall be a correct copy of the entries made of the purchase transaction, shall be carefully preserved without alteration, and shall be available during regular business hours. This section does not apply to purchases directly from a manufacturer or wholesaler for a currency converter's inventory. Notwithstanding subsection (a) of this section, an e-buyer shall record all of the following information, which shall be typed or written in ink and in the English language: A clear and accurate description of the goods purchased by the currency converter from the seller, including the brand of the gift card or merchandise card and the last four digits of the card number. The name, address, and phone number or e-mail address of the seller. The date of the purchase. If identification is captured by the e-buyer, the type of identification and the identification number provided to the e-buyer, including any photograph of the seller, if obtained. The IP address utilized by the seller if captured by the e-buyer. The purchase price and value of the gift card or merchandise card. A statement to the effect that "THE SELLER OF THIS ITEM ATTESTS THAT IT IS NOT STOLEN, HAS NO LIENS OR ENCUMBRANCES, AND IS THE SELLER'S TO SELL." Unless subject to an active investigation by law enforcement, an e-buyer shall make the records described in this subsection available electronically via a secure connection upon a reasonable request to the law enforcement officials described in subsection (b) of this section, but no more frequently than on a monthly basis. If the request for information is related to an active investigation, an e-buyer shall make the record available to the investigating law enforcement agency electronically via a secure connection within one business day of the request. History (2011-325, s. 6; 2012-46, s. 2; 2013-410, s. 26; 2017-162, s. 4.) Editor's Note. - Session Laws 2011-325, s. 11, made this section effective December 1, 2011, and applicable to purchases by cash converters on or after that date. Former G.S. 91A-7.1 was recodified as this section by Session Laws 2012-46, s. 2, effective October 1, 2012, and applicable to offenses committed on or after that date. Session Laws 2012-46, s. 33, provides, in part, that prosecutions for offenses committed before October 1, 2012, are not abated or affected by Session Laws 2012-46, and the statutes that would be applicable but for that act remain applicable to those prosecutions. Session Laws 2017-162, s. 5, made subsection (d) as added by Session Laws 2017-162, s. 4, effective December 1, 2017, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2013-410, s. 26, substituted "currency converter" for "cash converter" in the section heading and in subsections (a), (b) and (c). Session Laws 2017-162, s. 4, added "and e-buyers" at the end of the section heading; and added subsection (d). For effective date and applicability, see editor's note.