Payment Choice Act of 2019

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Payment Choice Act 4 of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Section 5103 of title 31, United States 8 Code, provides that United States coins and cur- 9 VerDate Sep 11 2014 05:42 May 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2650.IH H2650 kjohnson on DSK79L0C42 with BILLS 2 •HR 2650 IH rency ‘‘are legal tender for all debts, public charges, 1 taxes, and dues’’. 2 (2) A growing number of retail establishments, 3 across the nation, have adopted ‘‘cashless policies’’, 4 declaring that they refuse to accept United States 5 cash payment from their customers and, instead, re- 6 quire that payment for the goods and services of- 7 fered by such retailers be made only with credit 8 cards, debit cards, or digital payment methods that 9 result in electronic transfers of funds to the retailer. 10 SEC. 3. RETAIL BUSINESSES PROHIBITED FROM REFUSING 11 CASH PAYMENTS. 12 (a) IN GENERAL.—Subchapter I of chapter 51 of title 13 31, United States Code, is amended by adding at the end 14 the following: 15 ‘‘§ 5104. Retail businesses prohibited from refusing 16 cash payments 17 ‘‘(a) IN GENERAL.—No person selling or offering 18 goods or services at retail to the public may— 19 ‘‘(1) refuse to accept United States legal tender 20 of cash as payment for goods or services; 21 ‘‘(2) post signs or notices in, on, or about the 22 business premises of such person stating that cash 23 payment is not accepted; or 24 VerDate Sep 11 2014 05:42 May 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2650.IH H2650 kjohnson on DSK79L0C42 with BILLS 3 •HR 2650 IH ‘‘(3) charge a higher price to any customer who 1 pays by cash than customarily is charged to a cus- 2 tomer using other forms of payment. 3 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 4 any goods or services sold to the public by telephone, mail, 5 or internet. 6 ‘‘(c) ENFORCEMENT.— 7 ‘‘(1) PREVENTATIVE RELIEF.—Whenever any 8 person has engaged, or there are reasonable grounds 9 to believe that any person is about to engage in any 10 act or practice prohibited by this section, a civil ac- 11 tion for preventive relief, including an application for 12 a permanent or temporary injunction, restraining 13 order, or other order may be brought against such 14 person. 15 ‘‘(2) CIVIL PENALTIES.—Any person who vio- 16 lates this section shall— 17 ‘‘(A) be liable for actual damages; 18 ‘‘(B) be fined not more than $2,500 for a 19 first offense; and 20 ‘‘(C) be fined not more than $5,000 for a 21 second or subsequent offense. 22 ‘‘(3) JURISDICTION.—An action under this sec- 23 tion may be brought in any United States district 24 VerDate Sep 11 2014 05:42 May 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2650.IH H2650 kjohnson on DSK79L0C42 with BILLS 4 •HR 2650 IH court, or in any other court of competent jurisdic- 1 tion. 2 ‘‘(4) INTERVENTION OF ATTORNEY GENERAL.— 3 Upon timely application, a court may, in its discre- 4 tion, permit the Attorney General to intervene in a 5 civil action brought under this subsection, if the At- 6 torney General certifies that the action is of general 7 public importance. 8 ‘‘(5) AUTHORITY TO APPOINT COURT-PAID AT- 9 TORNEY.—Upon application by an individual and in 10 such circumstances as the court may determine just, 11 the court may appoint an attorney for such indi- 12 vidual and may authorize the commencement of a 13 civil action under this subsection without the pay- 14 ment of fees, costs, or security. 15 ‘‘(6) ATTORNEY’S FEES.—In any action com- 16 menced pursuant to this section, the court, in its 17 discretion, may allow the prevailing party, other 18 than the United States, a reasonable attorney’s fee 19 as part of the costs, and the United States shall be 20 liable for costs the same as a private person. 21 ‘‘(7) REQUIREMENTS IN CERTAIN STATES AND 22 LOCAL AREAS.—In the case of an alleged act or 23 practice prohibited by this section which occurs in a 24 State, or political subdivision of a State, which has 25 VerDate Sep 11 2014 05:42 May 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2650.IH H2650 kjohnson on DSK79L0C42 with BILLS 5 •HR 2650 IH a State or local law prohibiting such act or practice 1 and establishing or authorizing a State or local au- 2 thority to grant or seek relief from such act or prac- 3 tice or to institute criminal proceedings with respect 4 thereto upon receiving notice thereof, no civil action 5 may be brought hereunder before the expiration of 6 30 days after written notice of such alleged act or 7 practice has been given to the appropriate State or 8 local authority by registered mail or in person, pro- 9 vided that the court may stay proceedings in such 10 civil action pending the termination of State or local 11 enforcement proceedings.’’. 12 (b) CLERICAL AMENDMENT.—The table of contents 13 for chapter 51 of title 31, United States Code, is amended 14 by inserting after the item relating to section 5103 the 15 following: 16 ‘‘5104. Retail businesses prohibited from refusing cash payments.’’. Æ VerDate Sep 11 2014 05:42 May 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2650.IH H2650 kjohnson on DSK79L0C42 with BILLS