dmcowen674
No Lifer
Awesome... does this mean hookers are now required to accept mastercard?
Well that is secondhand goods, so yes.
Awesome... does this mean hookers are now required to accept mastercard?
The Louisiana House and Senate have Republican majorities. Hardy is one of 15 sponsors of the bill, 9 of which are Republicans.
http://la.opengovernment.org/sessions/2011/bills/hb-195
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, youll 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 creditor must accept federal reserve notes in satisfaction of a debt. If you get to the checkout line at the local Piggly Wiggly and the cashier demands payment in rubles or pesos you have every right to say Sorry buddy, but Ive got some Federal Reserve notes burning a hole in my pocket.
You have that right under the "legal tender" statute 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."
This means that US notes and coins are a valid and legal offer of payment for debts when tendered to a creditor. However, although businesses must accept dollars, that doesnt mean they literally have to take your big wad of bill,s which is bulky, difficult to make change for, and, frankly, a breeding ground for germs. A vendor can usually put reasonable conditions on the manner in which they will accept dollars, and one of those conditions can be that theyll 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.
There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services.
I thought that United States currency was legal tender for all debts. Some businesses or governmental agencies say that they will only accept checks, money orders or credit cards as payment, and others will only accept currency notes in denominations of $20 or smaller. Isn't this illegal?
The pertinent portion of law that applies to your question is the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," 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."
This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. 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. For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.
How's Craigs List supposed to work then? No way in hell I'm using Paypal, debit card, or money orders on that.
How's Craigs List supposed to work then? No way in hell I'm using Paypal, debit card, or money orders on that.
I'm surprised that this does not cover dvd's and cd's outright.
Again, the assertion that it is illegal is wrong. Here is the relevant case law.
Tennessee Scrap Recyclers Ass'n v. Bredesen, C.A.6 (Tenn.),2009 442 at 458.
Gensee Scrap & Tin Baling Co., Inc. v. City of Rochester, W.D.N.Y.2008, 558 F.Supp.2d 432 at 436.
Metal Management Mississippi, Inc. v. Barbour, S.D.Miss., unreported 2008, sums it up nicely.
"State and federal court jurisprudence has held, though, that while the states must not infringe upon Congress' exclusive right to declare what constitutes legal tender, a state may declare what manner of payment of legal tender is permissible or required for particular types of transactions."
/thread
Again, the assertion that it is illegal is wrong. Here is the relevant case law.
Tennessee Scrap Recyclers Ass'n v. Bredesen, C.A.6 (Tenn.),2009 442 at 458.
Gensee Scrap & Tin Baling Co., Inc. v. City of Rochester, W.D.N.Y.2008, 558 F.Supp.2d 432 at 436.
Metal Management Mississippi, Inc. v. Barbour, S.D.Miss., unreported 2008, sums it up nicely.
"State and federal court jurisprudence has held, though, that while the states must not infringe upon Congress' exclusive right to declare what constitutes legal tender, a state may declare what manner of payment of legal tender is permissible or required for particular types of transactions"
/thread
They can say what they want but it's about tax revenues on all cash transactions.
And the Governor is a Republican too.The Louisiana House and Senate have Republican majorities. Hardy is one of 15 sponsors of the bill, 9 of which are Republicans.
http://la.opengovernment.org/sessions/2011/bills/hb-195
looks like 'legal tender for all debts public and private' is a load of bullshit now
Cites are nice and all, but got anything above the district/circuit court level?
Now there could be a constitutional claim with the LA law, but that would be the regulation isn't narrowly tailored and is both over and under inclusive. It is pretty broad, and they don't include pawn shops, but it probably isn't going to be a sufficient argument because in this case it would be weak to argue that under the 14th and even if it was strong the courts would use a rational basis test. All other constitutional claims(sec 1 art 10, commerce clause, dormant commerce clause, takings, etc etc) are out right rejected in the three aforementioned cases.
How can passing this law be legal? That's what I want to know.
Moon, the bolded, 100%.I'm not really that afraid. I don't cheat and if nobody else could I would pay far less in taxes.`I want the gov to collect every dime in taxes owed via electronic money. Privacy that equals anonymity equals crime.