CoinFlip told a federal court that if Tennessee's H.B. 2505 takes effect July 1, it "will be forced to cease its Tennessee kiosk business, terminate or suspend host-location arrangements, discontinue customer relationships, abandon market opportunities, and dismantle an established business network developed over years of lawful operation." The operator filed an emergency motion for a temporary restraining order and preliminary injunction in the U.S. District Court for the Eastern District of Tennessee on June 17–18, 2026, racing to stop the law before it converts the company's ordinary business into a crime.
This is the first time a Bitcoin ATM operator has gone to federal court to challenge an outright state ban — a sharp escalation from the licensing fights and fee-transparency lawsuits that have defined the past year. If CoinFlip loses, Tennessee becomes the latest state to eliminate crypto kiosks entirely, and operators everywhere lose a test case they were counting on to draw constitutional limits around the wave of prohibition bills now moving through statehouses.
Case: GPD Holdings, LLC d/b/a CoinFlip, and Charles Wernicke d/b/a Private IT Corporation v. Gonzales, Skrmetti, and Allen
Court: U.S. District Court, Eastern District of Tennessee, Knoxville
Case No.: 3:26-cv-00284
Filed: Motion for TRO/preliminary injunction filed June 17–18, 2026
Challenged Law: Tenn. H.B. 2505 (Act of July 1, 2026, ch. 766), to be codified at Tenn. Code Ann. §§ 45-16-201, 45-16-202
What H.B. 2505 Actually Does
H.B. 2505 creates a new statutory scheme governing "virtual currency kiosks." Effective July 1, 2026, the law makes it a Class A misdemeanor to knowingly install, allow installation of, permit, place, or otherwise operate a virtual currency kiosk in Tennessee. The criminal liability reaches not just operators but any "virtual currency kiosk operator or other person" who knowingly engages in those acts, under Tenn. Code Ann. § 45-16-202(a)–(b).
Per CoinFlip's filing, this is a categorical prohibition, not a regulation. Tennessee did not adopt licensing, disclosure, transaction limits, or customer-verification requirements — the measures other states have used. It banned the machines and attached criminal penalties. The complaint frames this as "a dramatic departure from Tennessee's prior regulatory approach," under which kiosk operators had lawfully done business in the state for years.
Key statutory facts from the filing:
- Effective date: July 1, 2026
- Penalty: Class A misdemeanor for installing, permitting, placing, or operating a kiosk
- Reach: applies to operators "or other person" — potentially sweeping in servicers and host locations
- Codification: Tenn. Code Ann. §§ 45-16-201, 45-16-202 (Act of July 1, 2026, ch. 766)
- No licensing, disclosure, transaction-limit, or KYC alternative was adopted in its place
What CoinFlip Stands to Lose
The operator put hard numbers on its Tennessee footprint. According to the declaration of Ben Weiss attached to the motion, CoinFlip maintains relationships with approximately 58 host businesses operating 85 kiosks in Tennessee, including 31 in the Eastern District. The company says it has operated continuously in the state for roughly seven years and has served approximately 11,800 Tennessee customers.
CoinFlip describes itself as one of the nation's largest virtual currency kiosk operators, founded in 2015, with approximately 4,200 kiosks across nearly every state, D.C., and Puerto Rico. The filing stresses that the company "is licensed or otherwise regulated in every state in which it operates" and has invested more than $7 million in the past year on compliance personnel, consumer-protection measures, fraud-prevention systems, and operational infrastructure.
Notably, the company frames its financial exposure as secondary. The $135 million in Tennessee transaction volume — including roughly $16 million in 2025 alone — represents losses that "accompany—not define—the irreparable harm to its customer relationships, goodwill, and ongoing business operations." That framing is deliberate: irreparable harm that money cannot fix is the legal hook for emergency injunctive relief.
The Knoxville Servicer Caught in the Crossfire
CoinFlip is not alone on the complaint. Charles Wernicke, doing business as Private IT Corporation, is the sole owner, operator, and employee of a Knoxville-based servicing business that inspects, tests, repairs, and maintains kiosks. He currently services approximately 146 virtual currency kiosks in Tennessee and 6,574 nationwide, including machines owned by CoinFlip.
Wernicke's inclusion sharpens the lawsuit's void-for-vagueness argument. The Act criminalizes anyone who would "install," "permit," "place," or "operate" a kiosk — but it defines none of those verbs. Wernicke says he cannot tell whether returning a repaired component "installs" a kiosk, whether running a test transaction "operates" one, whether storing a kiosk at his facility "places" it, or whether transporting a component through the state "permits" it. He keeps nine non-public kiosks for testing and demonstration. Under the statute as written, even maintaining machines bound for other states from his Knoxville shop could carry criminal exposure.
The Constitutional Theory
CoinFlip's motion advances four merits arguments for why it is likely to win — the threshold a court must find before granting emergency relief.
CoinFlip's Claims Against H.B. 2505
The dormant Commerce Clause claim is the centerpiece, and it leans heavily on the company's argument that Tennessee chose the bluntest possible tool. The filing catalogs the targeted alternatives the state ignored — licensing, transaction limits, fraud warnings, cooling-off periods, refund procedures, KYC/AML controls, and recordkeeping — and notes CoinFlip already implements many of them, including a blacklist of roughly 400,000 addresses, transaction monitoring, and suspicious-activity reporting.
The Backdrop: A State-Level Prohibition Wave
CoinFlip is fighting on this ground because Tennessee is no longer an outlier. In just the past two weeks, Minnesota's governor signed a bill banning Bitcoin ATMs, New Jersey advanced a measure to become the fourth state to ban them, and advocates in Massachusetts pressed for a prohibition tied to a single victim's losses. State officials promoting the Tennessee ban have cited roughly $15 million in resident losses to crypto-ATM scams. Other states have taken the regulatory route instead — North Carolina, Connecticut, Maine, and Arizona have all enacted licensing, fee-cap, or fraud-refund frameworks rather than outright bans.
That split — ban versus regulate — is exactly what CoinFlip is asking the court to referee. Whether a state can criminalize an entire lawful financial channel, rather than regulate it, is now a live federal question.
The litigation also lands against a difficult enforcement record for the operator. CoinFlip holds an F trust grade on our operators directory and faces a pending Iowa Attorney General consumer-protection lawsuit filed February 26, 2025, plus a January 2026 Missouri AG civil investigative demand issued alongside demands to several other operators. None of that bears directly on the constitutional questions in the Tennessee case, but it frames the policy debate the state will invoke: officials argue the kiosks facilitate scams, while CoinFlip argues a ban pushes fraud to other channels and exiles the regulated operators who cooperate with law enforcement.
What This Means for Tennessee Customers
If the court does not act before July 1, CoinFlip's 85 Tennessee kiosks are expected to go dark — and the broader ban would remove all virtual currency kiosks statewide.
If you use a crypto kiosk in Tennessee:
- Expect machines to be removed or disabled on or shortly after July 1, 2026, unless a court intervenes.
- Resolve any pending transactions, holds, or refund requests with your operator before the effective date.
- The law targets operators and "other persons" — it does not, on its face, criminalize ordinary consumers, but the kiosk option will disappear.
- If you have been pressured to send cash through a kiosk by someone you don't know, stop — that is a scam pattern. See our consumer protection resources.
What This Means for Operators
This case is the industry's first real test of whether a state can ban kiosks outright rather than regulate them, and the outcome will shape strategy everywhere. A ruling that the dormant Commerce Clause, Contracts Clause, or federal preemption limits state bans would give operators a powerful precedent against the prohibition bills now moving in New Jersey, Massachusetts, and beyond. A ruling the other way would validate the ban model and accelerate it.
Two practical takeaways. First, the vagueness claim built around servicer Wernicke is a warning: prohibition statutes drafted without defined terms create criminal exposure for the maintenance, transport, and storage layers of the business, not just operators — including for machines passing through a state on the way somewhere else. Second, CoinFlip's strategy of foregrounding irreparable harm to relationships and goodwill, with dollar losses treated as secondary, is the template any operator seeking emergency relief will need to follow, because money damages alone rarely justify a TRO.
The immediate question is timing: will the court rule on the temporary restraining order before July 1, when the machines must come down? Watch the Eastern District of Tennessee docket in case 3:26-cv-00284 for an order in the next two weeks — and watch whether other operators with Tennessee footprints join the fight or file their own challenges.