[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4145 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4145

 To amend title 31, United States Code, to prohibit retail businesses 
          from refusing cash payments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 1, 2020

  Mr. Menendez (for himself and Mr. Cramer) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 31, United States Code, 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 2020''.

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 
        United States, 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 an appropriate district court of the United States 
        or appropriate 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--
                    ``(A) appoint an attorney for the individual; and
                    ``(B) 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--
                    ``(A) 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
                    ``(B) the United States shall be liable for costs 
                in the same manner as a private person.
            ``(7) Requirements in certain states and local areas.--
                    ``(A) Definition.--In this paragraph, the term 
                `covered jurisdiction' means a State, or political 
                subdivision of a State, that has a State or local law, 
                as applicable--
                            ``(i) prohibiting an act or practice 
                        prohibited under this section; and
                            ``(ii) establishing or authorizing the 
                        State or political subdivision, to--
                                    ``(I) grant or seek relief from the 
                                act or practice; or
                                    ``(II) institute criminal 
                                proceedings with respect to the act or 
                                practice.
                    ``(B) Requirements.--
                            ``(i) In general.--In the case of an 
                        alleged act or practice prohibited under this 
                        section that occurs in a covered jurisdiction, 
                        no civil action may be brought under this 
                        section before the expiration of the 30-day 
                        period beginning on the date on which the State 
                        or political subdivision, as applicable, 
                        receives by registered mail or in person notice 
                        of intent to file a civil action under this 
                        section.
                            ``(ii) Stay.--The court may stay 
                        proceedings in a civil action described in 
                        clause (i) 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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