Chapter 6Consumer Disclosures
Section § 2100
This section requires money transmitters in California to submit a certified copy of their receipt forms to the commissioner before using them. New operators must get approval first. If the receipts are in multiple languages, discrepancies favor the consumer. Violations can lead to a $50 fine per infraction. Any receipts not filed with the commissioner make the licensee responsible for any misuse by agents, regardless of authorization. Receipts must also meet the criteria in other related sections.
Section § 2101
If you receive money to send on behalf of someone, you must make sure the money reaches the intended recipient or give instructions to commit the equivalent amount within 10 days of getting the money. This doesn't apply if it's for paying for goods or services, or if the customer has given different instructions.
Section § 2102
If you send money through a licensed business and want it back, this law requires the business to refund your money within 10 days of your written request unless they've already sent the money or you've asked them to wait longer than 10 days to send it. If they don't follow your instructions to send the money, you can also get a refund. You can take the matter to small claims court if the dispute fits the court's limits. If you win, you could get your money back, any fees you paid, and up to $1,000 as a penalty, plus coverage for legal costs and attorney's fees.
Section § 2103
When sending money through a licensed transmitter, customers must receive a receipt with key details. This includes the sender and recipient names, date, amount, applicable fees, exchange rate, and a contact number for the transmitter. The customer has a right to a refund if the money isn't forwarded within ten days, except with e-commerce transactions. Receipts must be clear in language and format, and can be given electronically if agreed. Exchange rates and fees should be visibly disclosed at branch offices and online. If the destination country dictates the exchange rate be set upon receipt, it can be excluded from the initial receipt.
Section § 2104
If you're a business or person selling payment instruments, you must display a clear sign at every location where people can buy these instruments. The sign should inform customers that these instruments aren't insured by any government or other entities. It needs to be in English and any other main language the business uses for ads or deals. Make sure the sign is large, easy to read, and placed where everyone can see it. The main office must give the sign to any agents selling the instruments, but it's the agents' responsibility to put up the sign correctly at their locations.
Section § 2105
This law requires businesses that handle money transfers to prominently display a notice in their branch offices with information on how consumers can report complaints to the California Department of Financial Protection and Innovation. The notice must be in English and any other language used for advertising and must be easy to read, with letters at least half an inch high. The responsibility to post the notice falls on the location's operator. If the money transfer services are offered online or via an app, the commissioner can approve a different way to display this notice.
Section § 2106
If you're a licensed business in California selling or issuing payment instruments (like checks or money orders), you must first file a certified copy of the instrument with the state's commissioner, and it must clearly show you as the issuer.
The commissioner can ban any payment instrument if it's misleading or doesn't follow the law.
If the instrument names an agent who handles sales for you, it should clearly label them as an agent and make sure your business name stands out just as much as theirs.
Section § 2107
This law requires companies with licenses in this sector to have a toll-free phone number on their website for customer service. Customers must be able to speak with a live person during specific hours. The phone line should be available for at least 10 hours each day, Monday to Friday, excluding federal holidays. This rule started on July 1, 2022.