[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2326 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2326
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 SENATE OF THE UNITED STATES
July 17, 2025
Mr. Cramer (for himself and Mr. Fetterman) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
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.--
``(1) In general.--Subsection (a) shall not apply to a
person if--
``(A) the person is unable to accept cash because
of--
``(i) a sale system failure that
temporarily prevents the processing of cash
payments; or
``(ii) temporarily having insufficient cash
on hand to make change; or
``(B)(i) the person provides customers with a
device that converts cash into prepaid cards on the
premises;
``(ii) there is no fee for the use of the device;
``(iii) the device does not require a minimum
deposit of more than one dollar;
``(iv) any funds placed onto a prepaid card using
the device do not expire, except as permitted under
paragraph (2);
``(v) the device does not collect any personal
identifying information from the customer; and
``(vi) there is no fee to use the prepaid card that
the device produces.
``(2) Inactivity.--A person seeking exception from
subsection (a) may charge an inactivity fee in association with
a card offered by such person if--
``(A) 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;
``(B) not more than 1 inactivity fee is imposed in
any 1-month period; and
``(C) it is clearly and conspicuously stated, on
the face of the mechanism that issues the card and on
the card--
``(i) that an inactivity fee or charge may
be imposed;
``(ii) the frequency at which such
inactivity fee may be imposed; and
``(iii) the amount of such inactivity fee.
``(c) 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 shall not require a person to accept cash
payments in $50 bills or any larger bill.
``(2) Rulemaking.--
``(A) In general.--The Secretary 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.
``(d) Enforcement.--
``(1) Preventative relief.--
``(A) In general.--Whenever any person has engaged,
or there are reasonable grounds to believe that any
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 retailer, 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
preventative relief, including an application for a
permanent or temporary injunction, restraining order,
or other appropriate such relief, which may include a
civil penalty under paragraph (2), may be brought
against such person.
``(B) No violation.--If, within the 45-day period
under subparagraph (A), the retailer establishes to the
reasonable satisfaction of the customer, in a response
provided in writing to the 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 will be
permitted to occur, no further proceedings under this
section shall be undertaken.
``(C) Failure to respond.--If a retailer, having
received a notice described in subparagraph (A), fails
to respond in accordance with that subparagraph, or
responds but fails to reasonably establish that the
violation alleged did not occur or has been corrected
or cured, the aggrieved customer may file a civil
action against the retailer seeking relief under this
subsection, and shall attach to the complaint in such
action copies of the notice given to the retailer and
any response from the retailer.
``(2) Damages and civil penalties.--Any person who violates
this section shall--
``(A) be liable for actual damages, and, 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 section 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 section, 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, 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.
``(e) 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.
``(f) Rulemaking.--The Secretary shall issue such rules as the
Secretary determines are necessary to implement this section, which may
prescribe additional exceptions to the application of the requirements
described in subsection (a).
``(g) Annual Reports on the Geographic Distribution of Automated
Teller Machines Owned by Federally Insured Depository Institutions.--
Beginning on the date that is 1 year after the date of enactment of
this section, and annually thereafter, the Federal Deposit Insurance
Corporation, with respect to depository institutions insured by the
Corporation, and the National Credit Union Administration, with respect
to credit unions insured by the National Credit Union Share Insurance
Fund, shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of the
House of Representatives a report that provides--
``(1) the number of automated teller machines owned and in
service by each institution insured by such agency;
``(2) the location of each such automated teller machine
that is installed at a fixed site; and
``(3) the approximate geographic range or radius within
which mobile automated teller machines owned by any such
institution are deployed.''.
(b) Technical and Conforming 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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