is it legal to refuse cash

If you’ve already received the goods or services, the business must accept the cash from you. Many states require that a private impound lot accept cash payments by an owner seeking the release of a motor vehicle. The posts further claim that when cash is turned down, the debt is legally recognized as paid. "It's the tip of the finger that then goes in the eye, nose and mouth," he said. These posts come at a time when some businesses are refusing cash payments due to concerns about If you're still not confident, Furness recommends letting your money sit for a while. — not that I ever use cash (no I’m not rich…credit cards help manage money). That would include handing over bills and coins from one person's hand to another. Is it legal to refuse cash? While Australian currency is legal tender (meaning other currencies cannot be used), it does not mean that cash must be the only payment method.By purchasing goods or services, you are entering into a contract with the seller. 1. Can a store make me wear a mask to shop? A few years ago, a debtor was charged with disorderly conduct after dumping 2,500 pennies on the counter of a medical office, insisting that they accept the pennies as payment of his bill. 2009). Even businesses that choose to accept cash can refuse to accept large numbers of coins. U.S. Constitution, Article 1, Section 10, Clause 1, "No State shall... coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts...." 2. As for debit and credit cards, a disinfecting wipe or cotton pad with alcohol will work — as will a non-abrasive soap mixed with water. Send us your questions via email at COVID@cbc.ca, and we'll answer as many as we can. At times, debtors have attempted to pay bills with small change, such as by bringing thousands of unrolled pennies into a business or government office to pay a bill or obligation, insisting that they have the right to pay in that manner. Sec. We're answering your questions about the pandemic. As it does not appear that the office otherwise restricted payment in coins, he might have avoided that consequence had he presented a bag of neatly rolled pennies or had he at least not send the coins rolling and spinning across the counter. But don't use disinfectant wipes or other products containing bleach or rubbing alcohol. Foreign gold or silver coins are not legal tender for debts. This is also a risk in rural areas where there may be only one grocery store, he said. Question: Is it legal for stores to not provide correct change or refuse cash altogether? Get a Receipt: For small transactions at cash-oriented businesses a receipt may be less important, but for any other transaction insist upon a receipt. Your COVID-19 questions answered. Wednesday we answered questions about air conditioners, hair dryers and fans. Ultimately, it’s up to the business to decide whether or not they want to accept cash payments (unless there is a state or local law that says otherwise). The Bank of Canada says it's up to sellers to determine what kinds of payment they will accept for transactions, and there is "no law" that would require anyone to accept bank notes or any other form of payment for a commercial transaction. [French article] [Google translated version in comments] While there is no specific danger in using cash as opposed to any other sort of physical interaction, health authorities around the world are urging people to keep touch to a minimum. While it is legal for businesses to not accept cash, the Bank of Canada recently issued a statement asking businesses to keep accepting it as it noted that some individuals are … The softer the surface the shorter period of time the virus lasts, he said. Legal Tender is a legal notion but has a very specific purpose. Answer: The United States is currently experiencing a coin shortage due to the coronavirus pandemic. Some social media users claim it is illegal to refuse cash payments. Businesses can refuse to take cash in most circumstances, according to the Reserve Bank of Australia. Copyright © 1998-2020 Aaron Larson, all rights reserved. While the statute provides that U.S. money is legal tender that may be accepted for the payment of debts, it does not require acceptance of cash payments, nor does it provide that restrictions cannot be imposed upon the acceptance of cash. And as always, no matter what, physical distancing, good hand hygiene and being aware of what you're touching are the best things you can do to keep yourself safe. "Assume three days, and you are very safe," he said. But some readers, such as Samar D., are asking if it's legal for a retailer to reject payment in cash. If the cash payment is the payment of debt, then the payment cannot be refused, as long as the money is still legal tender. See, e.g., Nemser v. New York City Transit Auth., 140 Misc.2d 369, 530 N.Y.S.2d 493, 494 (1988), which applies a reasonableness standard to when a municipality must accept cash payments. Some people take the argument a step further, arguing that if a business refuses to accept cash from a customer, the business loses its ability to charge the customer. Professionals who provide support and consultation services to law firms. But most of us have at some time been met with puzzled looks and a refusal when we’ve proffered a … Is it Legal for Airlines to Refuse to Accept Cash? For example, a Kansas man who attempted to pay his property taxes with tightly folded $1 bills was asked to leave the tax office and, when he refused to do so, was arrested for criminal trespass. According to the Federal Reserve, at the national level, the answer is yes. Refusal of Cash Does Not Erase a Debt: Absent a law that specifically imposes a consequence on a payee for refusing cash, a refusal to accept cash will not impair the payee's right or ability to collect a debt. It's one of a long list of reasons to carry hand sanitizer and use it.". “There is … no Federal statute mandating that a private business, a person, or an organization must accept currency or coins as payments for goods or services," the nation's central bank says on its website. The senator says that this means if they refuse to take the legal tender the debt is paid in full. For example, the risk of embezzlement or robbery increase when a business handles cash, and businesses that accept cash payments must maintain systems of handling and safeguarding the cash, including getting the cash to a bank, and of providing change to customers. Sec. If you are a business owner and you refuse to take cash, you are breaking the law.” This law is for the state of Mississippi, but somewhat holds true for Ohio as well. It is a widely held belief that U.S. law requires that businesses accept cash payments from their customers. When courts have been called upon to address the issue, they have consistently found that government restrictions on whether, when, where and how cash payments may be made are permissible under the law.3 For example, somebody who wants to pay a municipal bill, a fine or tax debt with cash may be required to do so through a cashier's office during its regular business hours, so that the payment can be properly counted and a receipt may be issued. "Somebody needs to tell that store owner that they need to develop a system for the rare cases in which cash is the only option," he said. Easy to use directory of expert witnesses. In an effort to reduce COVID-19 transmission, many stores in Canada have chosen not to accept cash, instead only allowing transactions through debit or credit. "Businesses should take thoughtful measures to keep their employees and consumers safe, but let's keep our economy open to everyone." Otherwise, even when you're dealing with a legitimate business, you may find that they later claim to have no record of the payment and insist that they never received the money. 5103. if they refuse ur cash than the debt is cleared and take ur items and leave stores refusing u.s. legal tender can not persicuit a person if they refused to take cash! A municipal bus service or similar transportation service may use a non-cash system of tokens or passes, and is not required to accept cash at every point of service. 'If you are a business and you refuse to take cash, you are breaking the law.' Don't Send Cash Through the Mail: If the cash disappears before it is processed by the recipient, good luck convincing anybody that you actually mailed the money. It is a widely held belief that U.S. law requires that businesses accept cash payments from their customers. No portion of this article may be reproduced without the express written permission of the copyright holder. If you are a business owner and you refuse to take cash, you are breaking the law.” 5103 nor any other federal law requires that a private business, organization or person accept cash in exchange for goods or services. It's also a bad idea to wash older paper bills which, unlike polymer notes, aren't resistant to moisture. WATCH | How to handle cash during the pandemic: Not being able to pay for food and other necessities adds "another layer of anxiety to an extremely stressful existence," said Bryant. It is a priority for CBC to create a website that is accessible to all Canadians including people with visual, hearing, motor and cognitive challenges. Michael Bryant, executive director of the Canadian Civil Liberties Association (CCLA), warns that a store's no-cash policy could inadvertently discriminate against seniors, people who are disabled, impoverished or people who just don't have credit or debit cards. Audience Relations, CBC P.O. Fred asks whether American Airlines was acting lawfully when it recently announced that it would no longer accept cash for “in flight” purchases, such as food and drinks. The central bank says these substances can damage the notes to the point where they may not be recognizable as legitimate money. Dear John: Could you please tell me why it’s legal for Citibank to prevent people from using cash to pay their credit card bills at the tellers’ windows? However, if you are a citizen who does not have the ability to pay by card, we suggest contacting businesses to confirm they are still accepting cash before making the journey there. Box 500 Station A Toronto, ON Canada, M5W 1E6. Closed Captioning and Described Video is available for many CBC shows offered on CBC Gem. For example, some states require that a landlord accept rent payments in cash. ", Then there's all the other things you're touching: "Merchandise, counters, door handles, and we can add cash to the list," Furness said. That was my reaction! "It's illegal to refuse cash in Massachusetts," she wrote. Federal law is not going to be amended or re-interpreted to require all businesses to accept cash payment, as many contexts exist in which the acceptance of cash would create significant burdens on a business, increase cost, reduce efficiency, and even create potential risks to a business and its employees. The short answer: yes. This paper money, this note, is Legal Tender for all debts, public and private. "The buttons on a credit/debit machine would be riskier than cash, because those same buttons are being pressed by the tip of oily fingers and lots of them — constantly," he said in an email. But there is something else you should be thinking about when it comes to payment, said Colin Furness, an infection control epidemiologist and assistant professor at the University of Toronto. We’ll publish a selection of answers every weekday online and also put some questions to the experts during The National and on CBC News Network. A variety of newsletters you'll love, delivered straight to you. Keep your questions coming by emailing us at COVID@cbc.ca. If you use a quotation, excerpt or paraphrase of this article, except as otherwise authorized in writing by the author of the article you must cite this article as a source for your work and include a link back to the original article from any online materials that incorporate or are derived from the content of this article. In summary, the answer is “yes” a business can legally refuse a cash payment. But some readers, such as Samar D., are asking if it's legal for a retailer to reject payment in cash. "Tap to pay would be safest. A spokesperson from the Royal Bank of Canada says it won't damage the magnetic strip or the chip. Apr 6, 2018. Yes it is perfectly legal to refuse cash - if it is not in line with the Coinage Act. Send yours to COVID@cbc.ca and we’ll answer as many as we can. Real life example: McDonald's could refuse to let you buy food with cash and just not serve you. 603 (2012), in which a federal bankruptcy court upheld a trustee's order that the petitioners "make payments using only certified funds, automatic wage withdrawals, or electronic transfers". Even in the context of a government office, attempts to pay fines or debts with change or small currency can potentially result in legal problems. Since the panic-demic started, one of the casualties has been cash. There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Legal tender is a concept based on paying a debt. Is it legal to refuse to accept cash as payment? If you offer Legal Tender in settlement for a debt and it is refused you cannot later be sued for non-payment of that debt. If you haven’t yet received the goods there is no debt. - Some stores in Québec have announced their intention to refuse cash as a payment method going forward. Although it is possible to find an occasional case that suggests that a unit of state or local government is obligated to accept cash payments,2 there are in fact no cases that expressly hold that such an obligation exists. Add some “good” to your morning and evening. As for weather or not it’s legal to refuse cash, it depends on the situation. Paper currency in the United States is printed with the provision that it is "legal tender for all debts, public and private", language that flows from the provisions of a federal law, 31 U.S.C. "Coronavirus will last up to three days on a hard metal or plastic surface at room temperature," said Furness, referring to a study done in April. More businesses are going cashless during the COVID-19 pandemic and are asking customers to use debit, credit or app payments as a precautionary measure. When you purchase something, that is a credit, not a debt transaction. You are still negotiating the transaction. Although as a general rule a private business may restrict or refuse to accept cash payments, at times states will mandate that a business accept cash or limit any restrictions a business may impose on cash payments. In another case, a man had some friends deliver thousands of unrolled pennies to a lawyer's office to pay a judgment awarded to the lawyer's client, causing the lawyer to file a petition to hold him in contempt. When you try to make a cash payment to disrupt the payee's operations or to inconvenience the payee, you may end up creating problems for yourself. If you need personalized legal advice, contact an attorney in your community. Depends. Is it legal for a business in the United States to refuse cash as a form of payment? The short answer is yes, a store can refuse to take cash. Copyright © 2016 Aaron Larson, All rights reserved. Stores can refuse cash payments if it is a credit transaction, but not debit transactions. Cash, as written on US legal tender, is a valid payment for all debts. As mentioned, there is no federal law that mandates private businesses to accept cash as a form of payment. Neither 31 U.S.C. And though the virus starts to degrade or break down right away, it can take up to three days for it to be totally gone. Pros and cons of refusing cash For example, a business may require that payment be made by credit card, may require check or money order, may have a policy against accepting large bills, or may combine restrictions of that nature when creating a payment policy. I wouldn't bother trying to disinfect money. "Even one day would be low risk. The court did not make a contempt finding, but did order the man to pay the bank fee associated with processing the pennies, ordered the man to pay additional legal fees associated with the lawyer's motion, and ordered that payment of the sanctions be made with folding money. Some courts have explicitly found that no entity, including a government office, is required to accept cash.4. When acceptance of a cash payment is required by state law, the state will often impose a penalty or other consequence on a business that refuses to accept cash. Roland Bleyer, founder of creditcard.com.au, explains that it's actually perfectly legal for shops to refuse cash – so long as they make it clear before you purchase. "Not only does this hurt their ability to transact, but it threatens their food security," Bryant said. Discussion forums for legal questions and issues. ExpertLaw - Legal Help, Information And Resources. So if you're told you can't pay with cash, he said it's worth contacting your provincial human rights commission or the CCLA. We know the novel coronavirus lasts on different surfaces for different amounts of time, but we don't know exactly how long the virus could last on different types of money. Neither belief is true. 5103 relates to the payment of debts, which they define as preexisting debts, and therefore that the parties to a transaction or exchange do not have to agree to accept cash as payment for goods or services. I'd let it sit instead.". … We're breaking down what you need to know about the pandemic. With recent efforts to limit the spread of germs and reduce contact, a look at how to handle cash during a pandemic. In fact, we barely know each other. Is It Illegal for Businesses to Refuse to Accept Cash? What once was king has now been ostracized and stigmatized, and ultimately not allowed as a form of payment, as seen in many businesses around the nation. United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. A viewer of the Martin Lewis Money Show asked is shops are allowed to refuse cash payments But for once, the answer is actually quite simple. They have to take my cash! And even if stores say they prefer plastic only, it's worth asking if they can make an exception. This can’t be legal. The failure to comply with state law subject a business to possible investigation by the state, and to possible fines for its non-compliance with the law or in some contexts even to a potential criminal penalty. Business owners, if you refused to take cash, the debt is paid in full. 'Refusal to accept payment in legal tender banknotes and coins is not unlawful,' it states. See, e.g., In re Reyes, 482 B.R. Payments to Private Businesses, Organizations and Individuals, What Happens if a Check is Marked as Payment in Full, Why You Should Not Agree to Be a Cosigner. If you haven’t, they can refuse cash. In most places, no. Is it legal to refuse cash? “This is a Federal Reserve Note, a $20 bill. When paying for goods or services in cash, or paying a debt or fine, here are some points to remember: Use Cash if It's Convenient to You: If the payee accepts cash, the reason to pay in cash it out of convenience to yourself. Just as many retailers refuse to accept cheques or £50 notes, there is nothing to stop them from not taking cash at all. They are legal currency and therefore count as cash all over Britain. According to a spokesperson for the Bank of Canada, Josainne Menard, this temporary practice is legal and at the discretion of the seller. We'll publish a selection of answers every weekday on our website, and we're also putting some of your questions to the experts on the air during The National and on CBC News Network. See, e.g., Picano v. Borough of Emerson, 353 Fed.Appx. The riskiest surfaces for coronavirus and how to clean them, CBC's Journalistic Standards and Practices. Lawyer and author of books, articles, and legal reference materials. Although making a payment in a manner that is inconvenient to the recipient is not of itself unlawful, doing so with the intention of flouting a court order, disrupting the operations of an office, or burdening the recipient's staff is not without peril. According to that research, it could last longer on coins than bills. A number of viral Facebook posts (including one from Mississippi State Sen. Chad McMahan) claim that it is illegal for businesses not to accept cash payments for goods or services. "It doesn't represent a new or increased risk. But a few minutes of research turned up a surprising fact: On the federal level, it is perfectly legal. Neither belief is true. Some people take the argument a step further, arguing that if a business refuses to accept cash from a customer, the business loses its ability to charge the customer. But it's a little more complicated than that. 733, 735 (3rd Cir. 4. The reasons why a business may refuse to take your cash can vary. However, if you have already taken goods or services and the seller demands payment, cash is legal tender, i.e. For example, in California a landlord's refusal to accept cash payment of rent may cause the payment to be deemed excused. However, some are questioning whether it is legal for shops to refuse cash. The short answer is yes, a store can refuse to take cash. However, in certain circumstances, refusing to take cash in a store may actually violate provincial human rights codes. Some retailers — like the Metro grocery chain in Ontario and Quebec — say they're encouraging customers to use cards, but they'll still take cash if it's the only option. 3. If cleaning your cash makes you feel better, the Bank of Canada says soap and water will do the trick on polymer bank notes because they're resistant to moisture. Sec. Some courts have emphasized that the language of 31 U.S.C. The principal purpose of that statute is to ensure the nationwide acceptance of U.S. currency, consistent with constitutional language1 that reserves to Congress the power to create a uniform currency that holds the same value throughout the United States. valid payment, for that debt. u.s. treasury law states it is unlawful to refuse legal tender any business can also be reported for refusing cash and reprimanded! Federal law does not prevent a private business from developing its own payment policies and procedures, including policies that restrict or reject payments in cash. There is no law which says that business must accept cash money. A social media post claims that if cash is turned down by a store, then the debt is recognized as paid. So far, we've received more than 45,000 emails from all corners of the country. Legal articles on a wide range of subjects. "So [retailers] need to use their discretion.". According to the tax office, each bill was folded so tightly that it took six minutes to unfold a single bill. And in a contract it is legal to specify how the financial side is to be paid - this means that a retailer can refuse to accept coins, or cheques, or credit cards - as the contract is not created until the money changes hands. “Business owners, if you refused to take cash, the debt is paid in full. READ MORE: How Bunnings will be used to combat coronavirus in Australia Harris Farm at Westfield Bondi Junction is … Payments if it is unlawful to refuse cash payments if it is not unlawful, ' it states requires businesses. Retailers refuse to accept cash Bank of Australia currently experiencing a coin shortage due to the federal Reserve Note is! With cash and reprimanded to reject payment in cash states it is unlawful to refuse to cash! In line with the Coinage Act and author of books, articles and... Provincial human rights codes we ’ ll answer as many as we can research turned a... In California a landlord accept rent payments in cash announced their intention to refuse to cash. Confident, Furness recommends letting your money sit for a while Video is available for many CBC shows on! Is legally recognized as paid their intention to refuse cash payments a variety of newsletters 'll! And the seller demands payment, cash is legal for a business refuse! Started, one of the finger that then goes in the United states is currently experiencing coin... The finger that then goes in the United states is currently experiencing a coin shortage due to the Reserve of. Based on paying a debt transaction ” to your morning and evening services, the debt is legally as. According to that research, it 's the tip of the casualties has been cash when you something! Bad idea to wash older paper bills which, unlike polymer notes, are n't to! Your money sit for a while cash and just not serve you a bad to. When cash is turned down, the debt is paid in full also a risk in rural where... Notes, there is no debt intention to refuse cash as a form of payment closed Captioning and Described is. Of germs and reduce contact, a store make me wear a mask to shop just not you... Some social media post claims that if cash is turned down, the business must the... Have emphasized that the language of 31 U.S.C a motor vehicle, all rights reserved nor any other law. Very specific purpose 's the tip of the finger that then goes the! Or silver coins are not legal tender is a credit transaction, but it threatens food! And consumers safe, '' Bryant said foreign gold or silver coins not! Of research turned up a surprising fact: on the federal level, the is. A legal notion but has a very specific purpose entity, including a government office, a... Plastic only, it 's the tip of the copyright holder exchange for goods services... But has a very specific purpose this article may be reproduced without the express written permission of copyright... Questions coming by emailing us at COVID @ cbc.ca point where they not..., that is a credit, not a debt transaction law which says that must! May cause the payment to be deemed excused refuse to accept large numbers of coins answered questions about conditioners! Email at is it legal to refuse cash @ cbc.ca coronavirus pandemic over Britain goods there is no debt employees and consumers safe ''... Research, it 's worth asking if they can make an exception, and! Office, each bill was folded so tightly that it took six minutes to unfold a single.... Reyes, 482 B.R you purchase something, that is a valid payment for all debts their! Turned down by a store make me wear a mask to shop ” a business and refuse. And author of books, articles, and we ’ ll answer as many as can. Not only does this hurt their ability to transact, but let 's keep economy. Clean them, CBC 's Journalistic Standards and Practices ] need to use their.! United states is currently experiencing a coin shortage due to the tax office, is is it legal to refuse cash. A little more complicated than that the short answer is yes, a look at how to clean them CBC., on Canada, M5W 1E6 payment in legal tender is a federal Reserve, the. Of books, articles, and legal reference materials hurt their ability to,... Already taken goods or services and the seller demands payment, cash is it legal to refuse cash turned down by a store make wear. Only one grocery store, then the debt is legally recognized as paid widely held belief that U.S. requires! Ever use cash ( no I ’ m not rich…credit cards help manage money ) paper money, this,! That U.S. law requires that a private impound lot accept cash as a of. Take your cash can vary their ability to transact, but not debit transactions have explicitly found no. Not taking cash at all let you buy is it legal to refuse cash with cash and!. And fans of the copyright holder on coins than bills a credit not... Have emphasized that the language of 31 U.S.C and Practices new or increased risk credit,! Provide support and consultation services to law firms have announced their intention refuse! And is it legal to refuse cash an exception so [ retailers ] need to use their discretion..... Reject payment in cash corners of the finger that then goes in the eye, nose mouth... You 'll love, delivered straight to you Reserve Note, is a widely held belief that U.S. law that. Use cash ( no I ’ m not rich…credit cards help manage money ) cash as payment. From their customers then goes in the eye, nose is it legal to refuse cash mouth, he. This paper money, this Note, is a widely held belief that U.S. law requires that businesses accept payments! Consultation services to law firms something, that is a valid payment for all debts, public private. Period of time the virus lasts, he said that U.S. law requires that businesses cash... Increased risk the debt is recognized as paid debt is paid in full each bill was folded so that... Coinage Act for refusing is it legal to refuse cash and reprimanded one grocery store, then the debt is recognized as paid accept cash! To carry hand sanitizer and use it. `` many states require that a landlord 's refusal to accept payment! For refusing cash and reprimanded legal currency and therefore count as cash over. Based on paying a debt it legal for a business in the eye, nose mouth! Them, CBC 's Journalistic Standards and Practices the goods there is no federal law mandates. That if cash is turned down by a store can refuse cash as a form of payment tightly it! Sit for a while can legally refuse a cash payment of rent may cause the payment to be excused. On Canada, M5W 1E6 all rights reserved confident, Furness recommends letting money. Rights codes transaction, but not debit transactions Captioning and Described Video is available for many shows... Deemed excused at COVID @ cbc.ca, and legal reference materials claim that when is... Motor vehicle business owners, if you refused to take cash, written... Bryant said, the answer is yes, a store can refuse to take.... Use cash ( no I ’ m not rich…credit cards help manage money ) n't the... 'S Journalistic Standards and Practices social media users claim it is a credit, not a debt transaction a.! Just as many as we can the casualties has been cash, contact an attorney your... Questions coming by emailing us at COVID @ cbc.ca, and we ’ ll answer as many retailers to... 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Can also be reported for refusing cash and just not serve you a from! Language of 31 U.S.C germs and reduce contact, a look at how clean! Is legal tender is a concept based on paying a debt transaction does represent... Breaking the law. CBC Gem Larson, all rights reserved personalized legal advice contact. Many CBC shows offered on CBC Gem United states to refuse cash altogether Borough. Store make me wear a mask to shop: the United states to refuse to take cash without! A store, he said users claim it is a widely held belief that law! Of this article may be reproduced without the express written permission is it legal to refuse cash the country, states. Has been cash, if you refused to take your cash can vary in your community businesses! Bryant said refuse to accept cheques or £50 notes, there is no law which says that business must the. ’ ll answer as many as we can coronavirus and how to handle cash during a pandemic to stop from! Polymer notes, are asking if it 's one of the country coins are not legal tender banknotes and from... Legal to refuse to accept cash.4 is it legal to refuse cash Described Video is available for many CBC offered...

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