H.R. 1138

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1138 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 1138

To ensure that United States currency is treated as legal tender to be 
accepted as payment for purchases of goods and services at brick-and-
mortar businesses throughout the United States, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 7, 2025

Mr. Rose (for himself, Mr. Norcross, Ms. Garcia of Texas, Mr. Kustoff, 
Mrs. Beatty, Mr. Smith of New Jersey, Mr. Ivey, Mr. Davidson, and Mr. 
Gottheimer) introduced the following bill; which was referred to the 
Committee on Financial Services

_______________________________________________________________________

A BILL

To ensure that United States currency is treated as legal tender to be 
accepted as payment for purchases of goods and services at brick-and-
mortar businesses throughout the United States, 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 2025''.

SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that United States currency should be 
treated as legal tender throughout the United States, and that every 
consumer should have the right to use cash as payment at retail 
businesses that accept in-person payments.

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.--Any person engaged in the business of selling or 
offering goods or services at retail to the public who accepts in-
person payments at a physical location (including a person accepting 
payments for telephone, mail, or internet-based transactions who is 
accepting in-person payments at a physical location)--
``(1) shall accept cash as a form of payment for sales made 
at such physical location in amounts up to and including $500 
per transaction; and
``(2) may not charge cash-paying customers a higher price 
compared to the price charged to customers not paying with 
cash.
``(b) Exceptions.--Subsection (a) shall not apply to a person if 
the person--
``(1) is unable to accept cash because of--
``(A) a sale system failure that temporarily 
prevents processing cash payments; or
``(B) temporarily having insufficient cash on hand 
to make change; or
``(2) provides customers with a device that converts cash 
into prepaid cards on the premises if--
``(A) there is no fee for the use of the device;
``(B) the device does not require a minimum deposit 
of more than one dollar;
``(C) any funds placed onto a prepaid card using 
the device do not expire, except as permitted under 
subsection (c);
``(D) the device does not collect any personal 
identifying information from the customer; and
``(E) there is no fee to use the prepaid card that 
the device produces.
``(c) Inactivity.--With respect to a prepaid card described under 
paragraph (2), the person providing the card may charge an inactivity 
fee in association with the card if--
``(1) there has been no activity with respect to the card 
during the 12-month period ending on the date on which the 
inactivity fee is imposed;
``(2) not more than 1 inactivity fee is imposed in any 1-
month period; and
``(3) there is clearly and conspicuously stated, on the 
face of the mechanism that issues the card and on the card--
``(A) that an inactivity fee or charge may be 
imposed;
``(B) the frequency at which such inactivity fee 
may be imposed; and
``(C) the amount of such inactivity fee.
``(d) Right To Not Accept Large Bills.--
``(1) In general.--Notwithstanding subsection (a), for the 
5-year period beginning on the date of enactment of this 
section, this section does not require a person or entity to 
accept cash payments in $50 bills or any larger bill.
``(2) Rulemaking.--
``(A) In general.--The Secretary of the Treasury 
shall issue a rule on the date that is 5 years after 
the date of the enactment of this section with respect 
to any bill denominations a person is not required to 
accept.
``(B) Requirement.--When issuing a rule under 
subparagraph (A), the Secretary shall require persons 
to accept $1, $5, $10, and $20 bills.
``(e) Enforcement.--
``(1) Preventative relief.--
``(A) In general.--Whenever any person has engaged, 
or there are reasonable grounds to believe that any 
such person is about to engage, in any act or practice 
prohibited by this section, any customer or prospective 
customer of such person aggrieved by such violation or 
threatened violation may deliver to the person, or 
cause to be so delivered by certified mail, with proof 
of delivery, a notice describing, in reasonable detail, 
the conduct or events constituting the violation or 
threatened violation, and giving notice that, unless 
such conduct is corrected or cured within 45 days after 
the date of delivery of such notice, a civil action for 
preventive relief, including an application for a 
permanent or temporary injunction, restraining order, 
or other appropriate such relief, which may include a 
civil penalty as hereinafter provided for, may be 
brought against such person.
``(B) Response; cure.--If, within the 45-day period 
described under subparagraph (A), the person described 
in that subparagraph establishes to the customer or 
prospective customer's reasonable satisfaction, in a 
response provided in writing to the customer or 
prospective customer, that no violation occurred as 
alleged, or certifies that the violation alleged has 
been corrected or cured, and provides reasonable 
assurance that no such violation henceforth will be 
permitted to occur in the conduct of the person's 
business, no further proceedings under this section may 
be undertaken.
``(C) Civil action.--If a person described under 
subparagraph (A), having received a notice described in 
that subparagraph, fails to respond in accordance with 
subparagraph (B), or responds but fails to reasonably 
establish that the violation alleged either did not 
occur or has been corrected or cured, the aggrieved 
customer or prospective customer shall be entitled to 
file a civil action against the person seeking relief 
as provided under this subsection. In any such filing, 
the customer or prospective customer shall attach to 
the complaint in such action copies of the notice given 
to the person pursuant to subparagraph (A) and the 
response, if any, received from such person.
``(2) Damages and civil penalties.--Any person who violates 
this section shall--
``(A) be liable for actual damages, together with, 
if actual damages are less than $250, liquidated 
damages of $250; and
``(B) a civil penalty of not more than $500 for a 
first offense and not more than $1,500 for a second or 
subsequent offense.
``(3) Jurisdiction.--An action under this subsection 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 subsection, the court, in its discretion, may allow the 
prevailing party, other than the United States, a reasonable 
attorney's fee, not to exceed $3,000 in amount, 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.
``(f) Greater Protection Under State Law.--This section shall not 
preempt any law of a State, the District of Columbia, a Tribal 
government, or a territory of the United States if the protections that 
such law affords to consumers are greater than the protections provided 
under this section.
``(g) Rulemaking.--The Secretary of the Treasury shall issue such 
rules as the Secretary determines are necessary to implement this 
section, which may include prescribing additional exceptions to the 
application of the requirements described in subsection (a).''.
(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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