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. 

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 2019’’. 

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 05:42 May 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2650.IH H2650

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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 nation, have adopted ‘‘cashless policies’’, 

5 declaring that they refuse to accept United States 

6 cash payment from their customers and, instead, re7 quire that payment for the goods and services of8 fered by such retailers be made only with credit 

9 cards, debit cards, or digital payment methods that 

10 result in electronic transfers of funds to the retailer. 

11 SEC. 3. RETAIL BUSINESSES PROHIBITED FROM REFUSING 

12 CASH PAYMENTS. 

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

14 31, United States Code, is amended by adding at the end 

15 the following: 

16 ‘‘§ 5104. Retail businesses prohibited from refusing 

17 cash payments 

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

19 goods or services at retail to the public may— 

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

21 of cash as payment for goods or services; 

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

23 business premises of such person stating that cash 

24 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 any United States district 


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1 court, or in any other court of competent jurisdic2 tion. 

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 appoint an attorney for such indi13 vidual and may authorize the commencement of a 

14 civil action under this subsection without the pay15 ment of fees, costs, or security. 

16 ‘‘(6) ATTORNEY’S FEES.—In any action com17 menced pursuant to this section, the court, in its 

18 discretion, may allow the prevailing party, other 

19 than the United States, a reasonable attorney’s fee 

20 as part of the costs, and the United States shall be 

21 liable for costs the same as a private person. 

22 ‘‘(7) REQUIREMENTS IN CERTAIN STATES AND

23 LOCAL AREAS.—In the case of an alleged act or 

24 practice prohibited by this section which occurs in a 

25 State, or political subdivision of a State, which has 


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1 a State or local law prohibiting such act or practice 

2 and establishing or authorizing a State or local au3 thority to grant or seek relief from such act or prac4 tice or to institute criminal proceedings with respect 

5 thereto upon receiving notice thereof, no civil action 

6 may be brought hereunder before the expiration of 

7 30 days after written notice of such alleged act or 

8 practice has been given to the appropriate State or 

9 local authority by registered mail or in person, pro10 vided that the court may stay proceedings in such 

11 civil action pending the termination of State or local 

12 enforcement proceedings.’’. 

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

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

15 by inserting after the item relating to section 5103 the 

16 following: 

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

Æ 


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