Section 1 Short title
This Act may be cited to as the “CASH Act” or the “Cash Always Should be Honored Act”.
CASH Act
A BILL
To make it unlawful for any physical retail establishment to refuse to accept cash as payment, and for other purposes.
Sec. 2 Required acceptance of legal tender
In general— It shall be unlawful for any physical retail establishment to refuse to accept legal tender as payment for any products or services offered for sale by such physical retail establishment.
Online transactions— For any physical retail establishment that also offers products and services for sale through an internet-based platform, subsection (a) shall not apply to a transaction conducted through such platform if the individual making a payment in such transaction is not physically present in the physical retail establishment at the time of the transaction.
Telephone transactions— For any physical retail establishment that also offers products and services for sale by way of the telephone, subsection (a) shall not apply to a transaction conducted by way of the telephone if the individual making a payment in such transaction is not physically present in the physical retail establishment at the time of the transaction.
Enforcement by Federal Trade Commission—
Unfair or deceptive acts or practices— A violation of subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
Powers of Commission— The Federal Trade Commission shall enforce subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
Rulemaking— The Federal Trade Commission may promulgate regulations under section 553 of title 5, United States Code, to implement this section.
Definitions— For the purposes of this section:
Legal tender— The term “legal tender” means any United States coin or currency.
Physical retail establishment— The term “physical retail establishment” means any physical establishment where goods or services are offered for sale and sold to individuals who are physically present in such physical establishment.