Senate Bill 38 (SB38) introduced in the 135th General Assembly of Ohio seeks to amend the Revised Code to mandate that retail merchants must provide customers with the option to pay in cash for retail transactions. This bill counters the trend seen in various establishments that do not accept cash, often favoring credit or digital payment methods. By ensuring that cash payments are accepted, the bill aims to protect consumer choice and maintain access to traditional payment forms in a modernizing economy.
The bill specifies that retail merchants cannot require customers to pay via credit or refuse cash payments. If a merchant violates this provision, it would be considered an unfair or deceptive act under existing consumer protection laws, granting affected individuals the right to seek relief through the courts. They would also have recourse through the Attorney General's office, which is empowered to enforce these provisions.
Notably, SB38 includes exceptions for specific types of businesses, such as those operating at airports, certain parking facilities, or venues with large seating capacities. Additionally, it allows for the use of prepaid cards, provided certain conditions are met, such as the absence of fees for using those cards. These exclusions aim to balance the bill's intention with practical considerations for businesses that may have operational challenges regarding cash payments.
Discussions around the bill may include varying opinions on its necessity, especially concerning the evolution of payment technologies and the increasing prevalence of cashless transactions. Supporters argue for consumer rights and accessibility, while opponents might raise concerns regarding how the bill could impact business efficiency and the shift towards digital economies. These discussions indicate that while consumer protection is often a legislative priority, adapting to modern economic practices is equally vital.