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Is Going ‘Cashless’ Good for Business?

 

Detroit Businesses could be fined if they do not accept  cash under new ordinance
Published by CBS Detroit 

As of 2023, the Detroit City Council instituted restrictions on businesses regarding cashless operations for the purpose of protecting consumers that do not have access to bank accounts or cashless services. This ‘prohibition on cashless operations’ primarily applies to businesses which offer consumer goods or food for sale at a physical location. For instance, a bodega, a food truck, or a restaurant. Technological advances have broadened the payment options available. The decision to accept or refuse these options can have significant consequences for small businesses and their customers. Debit and credit card payments are common, and merchants are typically charged a 1.5-3.5% fee for credit card payments. Businesses like Stripe and Square offer point of sale technologies that mitigate the physical bulk of cash registers, charging businesses 2.6%-2.9% per transaction. As of March 2024, Venmo is purportedly accepted by two million merchants, who are charged $.10 plus 2.29% of each transaction total for ‘tap to pay’ transactions. Americans are relying on digital wallet applications at an increasing rate, with over 50% of individuals reportedly using digital wallet applications more frequently than traditional payment methods according to a 2023 Forbes survey. As of late 2022, an estimated 2,352 businesses in the United States accepted bitcoin as a payment method.
                                                Problems with and Allowances for Cashless Policies
           
As the cashless economy advances, it runs the risk of further marginalizing
low-income communities, undocumented individuals, and people of color, because they are likely to be ‘unbanked’ or ‘under-banked’, meaning that they either are unable to obtain a bank account or required the use of an ‘alternative financial service’ such as a check cashing service, payday loan or other types of extractive payment methods. This is a salient issue for Detroit, as over 100,000 Detroiters were unbanked as of 2023. To address this issue, the Detroit City Code was amended to prohibit certain businesses from going completely cashless. There are some exceptions for non-physical transactions such as online shopping, ‘membership’ models, ride-share apps, rental companies, and even parking lots. Interestingly, the amendment also explicitly permits businesses to refuse hundred-dollar bills as payment. This right to refuse large bills is likely due to a myriad of factors such as suspected counterfeiting, security risks associated with keeping sufficient change, and the general absence of federal legislation mandating stores to accept cash as a form of payment.
                                                Reverse ATMs and Their Impact
           
Businesses impacted by this new rule are required to have a conversion device on the premises that converts cash into a prepaid card that allows a consumer to complete a transaction if the businesses wish to refuse cash. For businesses that are subject to an elevated risk of being robbed, the investment may be worthwhile. These devices are referred to as ‘reverse-ATMs’ and have been installed in Major League Baseball stadiums (including Comerica Park), airports, hotels, amusement parks, and in other large-scale operations. Detroit’s mandate for these machines may be economical for large businesses but may not be economically feasible for small businesses due to the fees associated with operation of the ATMs. Reverse ATM services have concerning sales practices. For example, they typically do not list their pricing or fee information visibly online. Data on the rates and fees charged to businesses by Reverse ATMs is scarce, as these companies often require potential customers to contact their sales departments in order to acquire pricing information. Therefore, the client business is unable to readily quantify this new expense and the requirement may have a detrimental effect on profitability. Reverse ATMS are also strictly regulated in order to protect consumers. For example, they cannot charge a fee, they cannot require a minimum deposit greater than five dollars, the cards the device distributes must not have an expiration date, cannot collect the personal information of the customer, and any balance of unused cash must be returned to the customer upon return of the prepaid card.

                                                            Penalties for Violations
           
The penalties for violations of this article can be quite severe. Any person found guilty of violating any provision of the article may be fined up to $500 as well as sentenced to up to 90 days in jail for
each day that the violation continues! In other words, a week of business operations in violation of the article could carry a maximum penalty of $3,500 and over a year and half of jail time. The resulting implication from this substantial penalty and the nebulous costs of installing and operating the required cash-to-card converters is clear: applicable small businesses in Detroit would be unwise to refuse cash payment by customers at this time.
                                                            Membership and Online Application Model Exceptions
           
If your business has a membership model, which may include a subscription service for its products, it will fall under one of the exemptions. Most of us think of the Wholesale Club membership model popularized by Costco, which is an exception, however if your business sells consumer goods exclusively through a membership model requiring payment by means of an affiliated mobile device application or online application, such as monthly coffee or smoothies, then both the monthly payment and any goods purchased within the subscription will qualify for the exemption. Another point of consideration is that the exceptions for a ‘membership model’ entail two distinct categories. Perhaps the most widely known example for this model is represented by Panera Bread’s
Unlimited Sip Club subscription. The Unlimited Sip Club recently experienced a national operations outage and was suspected to have been the target of a cyberattack. So, while a small retail business in Detroit is legally permitted to experiment with going cashless through an online or app-based subscription model for retailing physical goods, the associated risks such as the relatively untested nature of the business model, the highly variable costs of developing the necessary application, and the vulnerabilities to cyberattack introduce new risks. All things considered, it is likely both a safer and more equitable policy for a relatively secure small business to accept cash payments.


By Spencer Bunting

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