II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Payment Choice Act 

5 of 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Section 5103 of title 31, United States 

9 Code, provides that United States coins and curVerDate Sep 11 2014 00:58 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4145.IS S4145

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1 rency ‘‘are legal tender for all debts, public charges, 

2 taxes, and dues’’. 

3 (2) A growing number of retail establishments, 

4 across the United States, have adopted ‘‘cashless 

5 policies’’, declaring that they refuse to accept United 

6 States cash payment from their customers and, in7 stead, require that payment for the goods and serv8 ices offered by such retailers be made only with 

9 credit cards, debit cards, or digital payment methods 

10 that result in electronic transfers of funds to the re11 tailer. 

12 SEC. 3. RETAIL BUSINESSES PROHIBITED FROM REFUSING 

13 CASH PAYMENTS. 

14 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

15 31, United States Code, is amended by adding at the end 

16 the following: 

17 ‘‘§ 5104. Retail businesses prohibited from refusing 

18 cash payments 

19 ‘‘(a) IN GENERAL.—No person selling or offering 

20 goods or services at retail to the public may— 

21 ‘‘(1) refuse to accept United States legal tender 

22 of cash as payment for goods or services; 

23 ‘‘(2) post signs or notices in, on, or about the 

24 business premises of such person stating that cash 

25 payment is not accepted; or 


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1 ‘‘(3) charge a higher price to any customer who 

2 pays by cash than customarily is charged to a cus3 tomer using other forms of payment. 

4 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

5 any goods or services sold to the public by telephone, mail, 

6 or internet. 

7 ‘‘(c) ENFORCEMENT.— 

8 ‘‘(1) PREVENTATIVE RELIEF.—Whenever any 

9 person has engaged, or there are reasonable grounds 

10 to believe that any person is about to engage in any 

11 act or practice prohibited by this section, a civil ac12 tion for preventive relief, including an application for 

13 a permanent or temporary injunction, restraining 

14 order, or other order may be brought against such 

15 person. 

16 ‘‘(2) CIVIL PENALTIES.—Any person who vio17 lates this section shall— 

18 ‘‘(A) be liable for actual damages; 

19 ‘‘(B) be fined not more than $2,500 for a 

20 first offense; and 

21 ‘‘(C) be fined not more than $5,000 for a 

22 second or subsequent offense. 

23 ‘‘(3) JURISDICTION.—An action under this sec24 tion may be brought in an appropriate district court 


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1 of the United States or appropriate court of com2 petent jurisdiction. 

3 ‘‘(4) INTERVENTION OF ATTORNEY GENERAL.— 

4 Upon timely application, a court may, in its discre5 tion, permit the Attorney General to intervene in a 

6 civil action brought under this subsection, if the At7 torney General certifies that the action is of general 

8 public importance. 

9 ‘‘(5) AUTHORITY TO APPOINT COURT-PAID AT10 TORNEY.—Upon application by an individual and in 

11 such circumstances as the court may determine just, 

12 the court may— 

13 ‘‘(A) appoint an attorney for the indi14 vidual; and 

15 ‘‘(B) authorize the commencement of a 

16 civil action under this subsection without the 

17 payment of fees, costs, or security. 

18 ‘‘(6) ATTORNEY’S FEES.—In any action com19 menced pursuant to this section— 

20 ‘‘(A) the court, in its discretion, may allow 

21 the prevailing party, other than the United 

22 States, a reasonable attorney’s fee as part of 

23 the costs; and 

24 ‘‘(B) the United States shall be liable for 

25 costs in the same manner as a private person. 


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1 ‘‘(7) REQUIREMENTS IN CERTAIN STATES AND

2 LOCAL AREAS.— 

3 ‘‘(A) DEFINITION.—In this paragraph, the 

4 term ‘covered jurisdiction’ means a State, or 

5 political subdivision of a State, that has a State 

6 or local law, as applicable— 

7 ‘‘(i) prohibiting an act or practice pro8 hibited under this section; and 

9 ‘‘(ii) establishing or authorizing the 

10 State or political subdivision, to— 

11 ‘‘(I) grant or seek relief from the 

12 act or practice; or 

13 ‘‘(II) institute criminal pro14 ceedings with respect to the act or 

15 practice. 

16 ‘‘(B) REQUIREMENTS.— 

17 ‘‘(i) IN GENERAL.—In the case of an 

18 alleged act or practice prohibited under 

19 this section that occurs in a covered juris20 diction, no civil action may be brought 

21 under this section before the expiration of 

22 the 30-day period beginning on the date on 

23 which the State or political subdivision, as 

24 applicable, receives by registered mail or in 


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1 person notice of intent to file a civil action 

2 under this section. 

3 ‘‘(ii) STAY.—The court may stay pro4 ceedings in a civil action described in 

5 clause (i) pending the termination of State 

6 or local enforcement proceedings.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for chapter 51 of title 31, United States Code, is amended 

9 by inserting after the item relating to section 5103 the 

10 following: 

‘‘5104. Retail businesses prohibited from refusing cash payments.’’. 

Æ 


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