Pennsylvania SB 1005: An Act amending the act of July 6, 1984 (P.L.642, No.132), known as the Cash Consumer Protection Act, further providing for definitions and for refusal to provide property prohibited, providing for refusal to accept cash payment and further providing for injunctive relief, for civil penalties and for private actions.

Bill Text

PRINTER'S NO. 1169
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1005
Session of
2025
INTRODUCED BY BOSCOLA, ARGALL, FONTANA, KANE, GEBHARD,
PENNYCUICK, VOGEL, LAUGHLIN, MASTRIANO AND DUSH,
SEPTEMBER 17, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
SEPTEMBER 17, 2025
AN ACT
Amending the act of July 6, 1984 (P.L.642, No.132), entitled "An
act prohibiting persons from refusing to provide property or
services to individuals who do not possess credit cards;
providing for enforcement of the act; providing remedies; and
imposing civil penalties," further providing for definitions
and for refusal to provide property prohibited, providing for
refusal to accept cash payment and further providing for
injunctive relief, for civil penalties and for private
actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2 and 3 of the act of July 6, 1984
(P.L.642, No.132), known as the Cash Consumer Protection Act,
are amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Cash payment." A transaction conducted using physical legal
tender issued by the United States Government, including paper
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currency and coins. The term does not include electronic
transfers, checks or any other form of payment.
"Credit card." A device or instrument which entitles the
holder to obtain money, goods, services or anything of value on
credit.
"Person." An individual, corporation, trust, partnership,
limited partnership, incorporated or unincorporated association
or other entity.
Section 3. Refusal to provide property prohibited.
It shall be unlawful for any person to refuse to rent or sell
property or services to any individual for the reason that the
individual does not possess a credit card. [Nothing] Except as
provided under section 3.1, nothing in this section requires the
acceptance of any particular form of payment.
Section 2. The act is amended by adding a section to read:
Section 3.1. Refusal to accept cash payment.
It shall be unlawful for a seller of retail goods or services
to refuse to accept cash payment for the sale of retail goods or
services having a sales price of less than $500 when the
purchaser is physically present at the point of sale. Nothing in
this section shall apply to the sale of retail goods or services
where the seller has a written policy that currency in excess of
a certain denomination will not be accepted as payment and has
posted the policy conspicuously for purchasers to view prior to
the point of sale and the purchaser tenders cash payment in a
denomination that exceeds the amount specified in the policy.
Section 3. Sections 5, 8(b) and 9 of the act are amended to
read:
Section 5. Injunctive relief.
Whenever the Attorney General or a district attorney has
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reason to believe that any person is violating or is about to
violate section 3, 3.1 or 4 and that proceedings would be in the
public interest, the Attorney General or a district attorney may
bring an action in the name of the Commonwealth against the
person to restrain by temporary or permanent injunction
violations of section 3, 3.1 or 4.
Section 8. Civil penalties.
* * *
(b) Willful violations of act.--In any action brought under
section 5, if the court finds that a person is willfully using
or has willfully used a method, act or practice declared
unlawful by section 3, 3.1 or 4, the Attorney General or the
appropriate district attorney, acting in the name of the
Commonwealth, may recover, on behalf of the Commonwealth, a
civil penalty not exceeding $200 per violation, which civil
penalty shall be in addition to other relief which may be
granted under sections 5 and 6.
Section 9. Private actions.
(a) Amount of damages.--Any person who suffers any
ascertainable loss of money or property, as a result of the use
or employment by any person of a method, act or practice
declared unlawful by section 3, 3.1 or 4 may bring a private
action to recover actual damages or $100, whichever is greater.
The court may, in its discretion, award up to three times the
actual damages sustained, but not less than $100, and may
provide additional relief as it deems necessary or proper. The
court shall award reasonable attorney's fees to a person who
prevails in an action brought pursuant to this subsection.
(b) Injunction prima facie evidence of violation.--Any
permanent injunction, judgment or order of the court made under
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section 5 shall be prima facie evidence in an action brought
under subsection (a) that the defendant used or employed acts or
practices declared unlawful by section 3, 3.1 or 4.