法律英语：06 Can Businesses Refuse to Accept Cash?

By Adam Freedman

Today’s topic: can a business refuse to accept cash?
But first, your daily dose of legalese: This podcast does not create an attorney-client relationship with any listener. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

Is it Legal for Airlines to Refuse to Accept Cash?
Fred asks whether American Airlines was acting¹ lawfully² when it recently announced that it would no longer accept cash for “in flight” purchases, such as food and drinks. As Fred notes, “All passengers are trapped -- there is no means of egress³ during a flight, unlike a ground-based transport system, or other 'brick and mortar⁴' retail⁵ store.” In other words, the passengers can’t defect to a rival airline in mid-flight.
That’s a great point, Fred -- and thanks to my recent six-hour delay on the tarmac at LaGuardia, I can confirm that airline passengers are, indeed, trapped. But unfortunately, that doesn’t mean that the airlines have to accept our cash. The short answer is that federal legal tender laws require creditors⁷ to accept payment denominated in dollars, but generally do not require businesses to accept any particular form of payment -- such as cash.
Cash is King
When we use the term “cash” in the United States, we generally mean coins minted by the US Treasury⁸, and dollar bills, which are actually called “Federal Reserve notes.” Some people think that cash is dirty stuff, but I confess to being rather attached to the stuff. So are a lot of people, apparently⁹, because no-cash policies tend to raise a chorus of protests.
A couple of years ago, many consumers were frustrated¹⁰ when Apple announced that it would not accept cash for iPhones, and would only accept payment by credit card. In an earlier episode, we explained that Apple was probably within its rights as a private business to require payment by credit cards.
And now American Airlines’ policy -- which some expect other airlines to follow -- is raising a similar round of protests. It just goes to show how much people like cash. I mean, I could understand making a fuss about iPhones but airplane food?
What is “Legal Tender”?
Oh well. What has people confused is the notion that cash is “legal tender.” If you look at a dollar bill -- er, Federal Reserve Note -- in your wallet, you’ll see that it says “this note is legal tender for all debts, public and private.”
“Legal tender” is what makes an official currency official. It means that a creditor⁶ must accept federal reserve notes in satisfaction of a debt. If you get to the checkout¹¹ line at the local Piggly Wiggly and the cashier demands payment in rubles or pesos you have every right to say “Sorry buddy¹², but I’ve got some Federal Reserve notes burning a hole in my pocket.”
You have that right under the "legal tender" statute¹³ which states: "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."
Businesses Must Accept “Dollars,” but Not Cash
This means that US notes and coins are a valid¹⁴ and legal offer of payment for debts when tendered to a creditor. However, although businesses must accept dollars, that doesn’t mean they literally¹⁵ have to take your big wad of bill,s which is bulky, difficult to make change for, and, frankly¹⁶, a breeding ground for germs.   A vendor¹⁷ can usually put reasonable conditions on the manner in which they will accept dollars, and one of those conditions can be that they’ll only accept dollars electronically, via credit card. Or, as the US Treasury explains on their website, “Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise.”
So far, Legal Lad has yet to find a state law that mandates¹⁸ payment in cash. In fact, as we discussed in our earlier episodes, courts in a number of states have dismissed challenges to various no-cash policies.   But Fred, if you can find a state that forbids no-cash policies, then you can certainly try to get the airline to accept your cash -- of course, you’ll have to wait until the plane is flying over that particular state. On second thought, if you really have a hankering for rubber chicken, soggy sandwiches, and teeny-tiny bottles of chardonnay, play it safe and bring your plastic on-board.
Safe travels!
Oh, and one more thing. Quick and Dirty Tips has added a new podcast to its line-up, “The Dealista.” Created by the editors of the popular personal finance community Wise Bread, The Dealista delivers insider tips on how to find the best deals, get freebies, protect your consumer rights, and beat retailers¹⁹ at their own game. Check it out at quickanddirtytips.com.

You can send questions and comments to。。。or call them in to the voicemail line at 206-202-4LAW.  Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

2 lawfully   

adv.守法地，合法地；合理地

参考例句：

• Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
• As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫，无论疾病灾难，直到死亡把我们分开。 来自电影对白

3 egress   

n.出去；出口

参考例句：

• Safe access and egress can be achieved by various methods.可以采用各种方法安全的进入或离开。
• Drains achieve a ready egress of the liquid blood.引流能为血液提供一个容易的出口。

4 mortar   

n.灰浆，灰泥；迫击炮；v.把…用灰浆涂接合

参考例句：

• The mason flushed the joint with mortar.泥工用灰浆把接缝处嵌平。
• The sound of mortar fire seemed to be closing in.迫击炮的吼声似乎正在逼近。

5 retail   

v./n.零售；adv.以零售价格

参考例句：

• In this shop they retail tobacco and sweets.这家铺子零售香烟和糖果。
• These shoes retail at 10 yuan a pair.这些鞋子零卖10元一双。

6 creditor   

n.债仅人，债主，贷方

参考例句：

• The boss assigned his car to his creditor.那工头把自己的小汽车让与了债权人。
• I had to run away from my creditor whom I made a usurious loan.我借了高利贷不得不四处躲债。

7 creditors   

n.债权人，债主( creditor的名词复数 )

参考例句：

• They agreed to repay their creditors over a period of three years. 他们同意3年内向债主还清欠款。 来自《简明英汉词典》
• Creditors could obtain a writ for the arrest of their debtors. 债权人可以获得逮捕债务人的令状。 来自《简明英汉词典》

8 treasury   

n.宝库；国库，金库；文库

参考例句：

• The Treasury was opposed in principle to the proposals.财政部原则上反对这些提案。
• This book is a treasury of useful information.这本书是有价值的信息宝库。

9 apparently   

adv.显然地；表面上，似乎

参考例句：

• An apparently blind alley leads suddenly into an open space.山穷水尽，豁然开朗。
• He was apparently much surprised at the news.他对那个消息显然感到十分惊异。

10 frustrated   

adj.挫败的，失意的，泄气的v.使不成功( frustrate的过去式和过去分词 )；挫败；使受挫折；令人沮丧

参考例句：

• It's very easy to get frustrated in this job. 这个工作很容易令人懊恼。
• The bad weather frustrated all our hopes of going out. 恶劣的天气破坏了我们出行的愿望。 来自《简明英汉词典》

11 checkout   

n.（超市等）收银台，付款处

参考例句：

• Could you pay at the checkout.你能在结帐处付款吗。
• A man was wheeling his shopping trolley to the checkout.一个男人正推着购物车向付款台走去。

12 buddy   

n.（美口）密友，伙伴

参考例句：

• Calm down,buddy.What's the trouble?压压气，老兄。有什么麻烦吗？
• Get out of my way,buddy!别挡道了，你这家伙！

13 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

14 valid   

adj.有确实根据的；有效的；正当的，合法的

参考例句：

• His claim to own the house is valid.他主张对此屋的所有权有效。
• Do you have valid reasons for your absence?你的缺席有正当理由吗？

15 literally   

adv.照字面意义，逐字地；确实

参考例句：

• He translated the passage literally.他逐字逐句地翻译这段文字。
• Sometimes she would not sit down till she was literally faint.有时候，她不走到真正要昏厥了，决不肯坐下来。

16 frankly   

adv.坦白地，直率地；坦率地说

参考例句：

• To speak frankly, I don't like the idea at all.老实说，我一点也不赞成这个主意。
• Frankly speaking, I'm not opposed to reform.坦率地说，我不反对改革。

17 vendor   

n.卖主；小贩

参考例句：

• She looked at the vendor who cheated her the other day with distaste.她厌恶地望着那个前几天曾经欺骗过她的小贩。
• He must inform the vendor immediately.他必须立即通知卖方。

18 mandates   

托管（mandate的第三人称单数形式）

参考例句：

• Individual mandates would require all people to purchase health insurance. 个人托管要求所有人都要购买健康保险。
• While I agree with those benefits, I'm not a supporter of mandates. 我同意上述好处，我不是授权软件的支持者。

19 retailers   

零售商，零售店( retailer的名词复数 )

参考例句：

• High street retailers reported a marked increase in sales before Christmas. 商业街的零售商报告说圣诞节前销售量显著提高。
• Retailers have a statutory duty to provide goods suitable for their purpose. 零售商有为他们提供符合要求的货品的法定义务。