Bans on Cashless Retail Establishments (Updated)

Delaware recently passed House Bill 299, adding one more state to the list of those that prohibit sellers of consumer goods or services from refusing to accept cash payments, except in limited circumstances. The law covers sales made at retail stores through in-person transactions. It does not apply to sales by electric or gas utilities, telephone, mail or internet sales, or for services provided at parking lots or garages.

Grass roots activity in the effort to require that consumers have the right to pay with cash has been quite impressive. In 2022, nine more states introduced legislation to require acceptance of cash for in-person transactions at retail establishments. Unfortunately, the bills are still “alive” in only two states.

Others that have previously implemented such requirements now include Colorado, Oregon, New York, New Jersey, Rhode Island, Connecticut and Massachusetts (which has had this requirement in place for quite some time). The cities of Washington, DC and Philadelphia have local cashless bans in place.

Although the House has passed the Payment Choice Act, the Senate has not. There is some hope and speculation that it may be taken up in the lame-duck session following the November mid-term elections.