[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2650 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2650
To prohibit retail businesses from refusing cash payments, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2019
Mr. Payne introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To prohibit retail businesses from refusing cash payments, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payment Choice Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 5103 of title 31, United States Code, provides
that United States coins and currency ``are legal tender for
all debts, public charges, taxes, and dues''.
(2) A growing number of retail establishments, across the
nation, have adopted ``cashless policies'', declaring that they
refuse to accept United States cash payment from their
customers and, instead, require that payment for the goods and
services offered by such retailers be made only with credit
cards, debit cards, or digital payment methods that result in
electronic transfers of funds to the retailer.
SEC. 3. RETAIL BUSINESSES PROHIBITED FROM REFUSING CASH PAYMENTS.
(a) In General.--Subchapter I of chapter 51 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 5104. Retail businesses prohibited from refusing cash payments
``(a) In General.--No person selling or offering goods or services
at retail to the public may--
``(1) refuse to accept United States legal tender of cash
as payment for goods or services;
``(2) post signs or notices in, on, or about the business
premises of such person stating that cash payment is not
accepted; or
``(3) charge a higher price to any customer who pays by
cash than customarily is charged to a customer using other
forms of payment.
``(b) Exception.--Subsection (a) shall not apply to any goods or
services sold to the public by telephone, mail, or internet.
``(c) Enforcement.--
``(1) Preventative relief.--Whenever any person has
engaged, or there are reasonable grounds to believe that any
person is about to engage in any act or practice prohibited by
this section, a civil action for preventive relief, including
an application for a permanent or temporary injunction,
restraining order, or other order may be brought against such
person.
``(2) Civil penalties.--Any person who violates this
section shall--
``(A) be liable for actual damages;
``(B) be fined not more than $2,500 for a first
offense; and
``(C) be fined not more than $5,000 for a second or
subsequent offense.
``(3) Jurisdiction.--An action under this section may be
brought in any United States district court, or in any other
court of competent jurisdiction.
``(4) Intervention of attorney general.--Upon timely
application, a court may, in its discretion, permit the
Attorney General to intervene in a civil action brought under
this subsection, if the Attorney General certifies that the
action is of general public importance.
``(5) Authority to appoint court-paid attorney.--Upon
application by an individual and in such circumstances as the
court may determine just, the court may appoint an attorney for
such individual and may authorize the commencement of a civil
action under this subsection without the payment of fees,
costs, or security.
``(6) Attorney's fees.--In any action commenced pursuant to
this section, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable
attorney's fee as part of the costs, and the United States
shall be liable for costs the same as a private person.
``(7) Requirements in certain states and local areas.--In
the case of an alleged act or practice prohibited by this
section which occurs in a State, or political subdivision of a
State, which has a State or local law prohibiting such act or
practice and establishing or authorizing a State or local
authority to grant or seek relief from such act or practice or
to institute criminal proceedings with respect thereto upon
receiving notice thereof, no civil action may be brought
hereunder before the expiration of 30 days after written notice
of such alleged act or practice has been given to the
appropriate State or local authority by registered mail or in
person, provided that the court may stay proceedings in such
civil action pending the termination of State or local
enforcement proceedings.''.
(b) Clerical Amendment.--The table of contents for chapter 51 of
title 31, United States Code, is amended by inserting after the item
relating to section 5103 the following:
``5104. Retail businesses prohibited from refusing cash payments.''.
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