Section § 2100

Explanation

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.

(a)Copy CA Financial Code § 2100(a)
(1)Copy CA Financial Code § 2100(a)(1) Each licensee shall file with the commissioner a certified copy of every receipt form used by it or by its agent for receiving money for transmission prior to its first use. No licensee or its agent shall use any receipt, a certified copy of which has not been filed with the commissioner, or use a receipt that the commissioner has deemed not to be in compliance pursuant to paragraph (2).
(2)CA Financial Code § 2100(a)(2) If the commissioner determines, within 30 business days of the filing date of a receipt, that the receipt does not comply with the requirements of this section or Sections 2102 and 2103, the commissioner shall notify the licensee in writing that the receipt is not in compliance with those requirements.
(b)CA Financial Code § 2100(b) Notwithstanding subdivision (a), before a new licensee issues its first receipt to a customer, it shall file with the commissioner a certified copy of the receipt forms to be used by it or its agents for receiving money for transmission. The new licensee shall not use the receipt forms until approved by the commissioner. For purposes of this subdivision, a new licensee is a licensee that has not been previously licensed by the commissioner as a money transmitter or has not previously received money for transmission in California.
(c)CA Financial Code § 2100(c) If a receipt is required by this division to be in English and another language, the English version of the receipt shall govern any dispute concerning the terms of the receipt. However, any discrepancies between the English version and any other version due to the translation of the receipt from English to another language including errors or ambiguities shall be construed against the licensee or its agent and the licensee or its agent shall be liable for any damages caused by these discrepancies.
(d)CA Financial Code § 2100(d) Any licensee violating the requirements of this section shall be subject to a fine of fifty dollars ($50) for each violation. This provision is in addition to any other enforcement provisions that may apply to such a violation.
(e)CA Financial Code § 2100(e) If any licensee or its agent uses a receipt form, a certified copy of which has not been filed with the commissioner, the licensee shall be liable for the acts of its agent whether or not the licensee authorized the agent to use that form.
(f)CA Financial Code § 2100(f) The receipt form shall comply with the requirements of Sections 2102 and 2103.

Section § 2101

Explanation

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.

Every licensee or its agent shall forward all money received for transmission or give instructions committing equivalent money to the person designated by the customer. Unless the transmission is for the payment of goods or services or unless otherwise ordered by his or her customer, this requirement shall be satisfied within 10 days after receiving that money.

Section § 2102

Explanation

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.

(a)CA Financial Code § 2102(a) Every licensee or its agent shall refund to the customer within 10 days of receipt of the customer’s written request for a refund any and all money received for transmission unless any of the following occurs:
(1)CA Financial Code § 2102(a)(1) The money has been forwarded within 10 days of the date of receipt.
(2)CA Financial Code § 2102(a)(2) Instructions have been given committing an equivalent amount of money to the person designated by the customer within 10 days of the date of the receipt of the money from the customer.
(3)CA Financial Code § 2102(a)(3) The customer instructs the licensee to transmit the money at a time beyond 10 days. If the customer gives instructions as to when the money shall be forwarded or transmitted and the moneys have not yet been forwarded or transmitted, the licensee or its agent shall refund the customer’s money within 10 days of receipt of the customer’s written request for a refund.
(4)CA Financial Code § 2102(a)(4) The refund would violate law.
(b)CA Financial Code § 2102(b) If a customer’s instructions as to when the money shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, the customer has a right to a refund of his or her money. A cause of action under this section may be brought in small claims court if it does not exceed the jurisdiction of that court, or in any other appropriate court. The customer shall be entitled to recover each of the following:
(1)CA Financial Code § 2102(b)(1) Any and all money received for transmission, plus any fees and charges paid by the customer.
(2)CA Financial Code § 2102(b)(2) A penalty in an amount not to exceed one thousand dollars ($1,000). The court shall award the prevailing party costs and attorney’s fees.

Section § 2103

Explanation

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.

(a)CA Financial Code § 2103(a) In the case of money received for transmission, the licensee or its agent shall give the customer a receipt at the time of the transaction.
(1)CA Financial Code § 2103(a)(1) The receipt shall contain the following information, as applicable:
(A)CA Financial Code § 2103(a)(1)(A) The name of the sender.
(B)CA Financial Code § 2103(a)(1)(B) The name of the designated recipient.
(C)CA Financial Code § 2103(a)(1)(C) The date of the transaction, which is the day the customer funds the money transmission.
(D)CA Financial Code § 2103(a)(1)(D) The name of the licensee.
(E)CA Financial Code § 2103(a)(1)(E) The amount to be transferred to the designated recipient, in the currency in which the money transmission is funded, using the term “Transfer Amount” or a substantially similar term.
(F)CA Financial Code § 2103(a)(1)(F) Any fees and taxes imposed on the money transmission by the licensee or its agent that are payable or have been paid by the sender, in the currency in which the money transmission is funded, using the terms “transfer fees” for fees and “transfer taxes” for taxes, or substantially similar terms.
(G)CA Financial Code § 2103(a)(1)(G) The total amount of the transaction, which is the sum of subparagraphs (E) and (F), in the currency in which the money transmission is funded, using the term “total” or a substantially similar term.
(H)CA Financial Code § 2103(a)(1)(H) The exchange rate, if any, used by the licensee or its agent for the money transmission, rounded consistently for each currency to no fewer than two decimal places and no more than four decimal places, using the term “exchange rate” or a substantially similar term.
(I)CA Financial Code § 2103(a)(1)(I) For all transmissions, other than transmissions related to e-commerce transactions, the amount that will be received by the designated recipient, in the currency in which the funds will be received, using the term “total to recipient” or a substantially similar term. For transmissions related to e-commerce transactions, the amount that will be received by the designated recipient before any fees, taxes, or other amounts payable by the designated recipient are deducted, using the term “total to recipient” or a substantially similar term. These fees, taxes, or other amounts shall be disclosed to the designated recipient. The disclosure of fees, taxes, or other amounts payable by the designated recipient, which need not be disclosed to the sender, shall be disclosed as part of a separate written agreement between the licensee and the designated recipient.
(J)CA Financial Code § 2103(a)(1)(J) For receipts issued on or after July 1, 2022, a telephone number through which the customer may contact the licensee pursuant to Section 2107.
(2)Copy CA Financial Code § 2103(a)(2)
(A)Copy CA Financial Code § 2103(a)(2)(A) In addition to the disclosures set forth in paragraph (1), the receipt shall either include or have attached a conspicuous statement as follows:
“RIGHT TO REFUND
You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if _____ (name of licensee) does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money.
If you want a refund, you must mail or deliver your written request to _____ (name of licensee) at _____ (mailing address of licensee). If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.”
(B)CA Financial Code § 2103(B) The right to refund statement set forth in subparagraph (A) is not required to be included on receipts involving e-commerce transactions where the customer sends a payment for goods or services.
(3)CA Financial Code § 2103(3) The receipt required by this section shall be made in English and in the language principally used by that licensee or that agent to advertise, solicit, or negotiate, either orally or in writing, at that branch office, if other than English. For transactions that do not occur in a branch office, the receipt shall be made in English and in the language principally used by that licensee or that agent to advertise, solicit, or negotiate money transmission, either orally or in writing.
(4)CA Financial Code § 2103(4) The receipt required by this subdivision may be provided electronically for transactions that are initiated electronically or in which a customer agrees to receive an electronic receipt.
(5)CA Financial Code § 2103(5) Disclosures in the receipt required by this subdivision shall be in a minimum 8-point type, except for receipts provided via mobile phone or text message.
(b)CA Financial Code § 2103(b) If window and exterior signs concerning the rates of exchange for money received for transmission are used, they shall clearly state in English and in the same language principally used by the licensee or any agent of the licensee to advertise, solicit, or negotiate, either orally or in writing, at that branch office if other than English, the rate of exchange for exchanging the currency of the United States for foreign currency. If an interior sign or any advertising is used that quotes exchange rates, it shall, in addition to clearly stating the rates of exchange for exchanging the currency of the United States for foreign currency, also state all commissions and fees charged on all such transactions.
(c)CA Financial Code § 2103(c) At each branch office, there shall be disclosed the exchange rates, fees, and commissions charged in English and in the same language principally used by the licensee or any agent of the licensee to advertise, solicit, or negotiate, either orally or in writing, with respect to money received for transmission at that branch office. At each branch office, there shall be signage clearly identifying the name of the licensee as well as any trade names used by the licensee at that branch office. In the event that a licensee or agent conducts money transmission activity via an internet website or mobile application that is not in a branch office, the commissioner may authorize an alternative disclosure meeting the requirements of this section. Any internet website through which a licensee conducts money transmission shall clearly identify the name of the licensee as well as any trade names used by the licensee on the internet website.
(d)CA Financial Code § 2103(d) If the customer does not specify at the time the money is presented to the licensee or its agent the country to which the money is to be transmitted, the rate of exchange for the transaction is not required to be set forth on the receipt. If the customer does specify at the time the money is presented to the licensee or its agent the country to which the money is to be transmitted but the specified country’s laws require the rate of exchange for the transaction to be determined at the time the transaction is paid out to the intended recipient, the rate of exchange for the transaction is not required to be set forth on the receipt.

Section § 2104

Explanation

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.

Each licensee or agent shall prominently post on the premises of each branch office that issues or sells payment instruments, and at machines located in this state and operated by the licensee or agent that issues or sells payment instruments, a notice clearly stating that payment instruments are not insured by the federal government, the state government, or any other public or private entity. This notice shall be printed in English and in the same language principally used by the licensee or any agent of the licensee to advertise, solicit, or negotiate, either orally or in writing, with respect to the purchase of payment instruments. The information required in this notice shall be clear, legible, and in letters not less than one-half inch in height. The notice shall be posted in a conspicuous location in the unobstructed view of the public within the premises. The licensee shall provide to each of its agents the notice required by this section. In those locations operated by an agent, the agent, not the licensee, shall be responsible for the failure to properly post the required notice.

Section § 2105

Explanation

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.

(a)CA Financial Code § 2105(a) Each licensee or agent shall prominently post on the premises of each branch office that conducts money transmission a notice stating that:
“If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Financial Protection and Innovation at its toll-free telephone number, 1-866-275-2677, by email at consumer.services@dfpi.ca.gov, or by mail at the Department of Financial Protection and Innovation, Consumer Services, 2101 Arena Boulevard, Sacramento, CA 95834.”
(b)CA Financial Code § 2105(b) The commissioner may by order or regulation modify the content of the notice required by this section. This notice shall be printed in English and in the same language principally used by the licensee or any agent of the licensee to advertise, solicit, or negotiate either orally or in writing, with respect to money transmission at that branch office. The information required in this notice shall be clear, legible, and in letters not less than one-half inch in height. The notice shall be posted in a conspicuous location in the unobstructed view of the public within the premises. The licensee shall provide to each of its agents the notice required by this section. In those locations operated by an agent, the agent, and not the licensee, shall be responsible for the failure to properly post the required notice.
(c)CA Financial Code § 2105(c) In the event that a licensee or agent conducts money transmission activity via an internet website or a mobile application that is not in a branch office, the commissioner may authorize an alternative form of the notice required in subdivision (a).

Section § 2106

Explanation

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.

(a)CA Financial Code § 2106(a) No licensee shall sell or issue any form of payment instrument in California unless a certified copy of the payment instrument has first been filed with the commissioner. The payment instrument shall clearly identify the licensee as the issuer.
(b)CA Financial Code § 2106(b) The commissioner may by order or regulation declare that a form of payment instrument is prohibited if it is misleading in any material respect or otherwise does not comply with applicable law.
(c)CA Financial Code § 2106(c) A payment instrument that identifies the agent through which the licensee sells the payment instrument shall identify the agent as such and shall identify the licensee at least as conspicuously as it does the agent.

Section § 2107

Explanation

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.

(a)CA Financial Code § 2107(a) A licensee shall prominently display on its internet website a toll-free telephone number through which a customer may contact the licensee for customer service issues and receive live customer assistance.
(b)CA Financial Code § 2107(b) The telephone line shall be operative at least 10 hours per day, Monday through Friday, excluding federal holidays.
(c)CA Financial Code § 2107(c) This section shall become operative on July 1, 2022.