Earlier quoted context omitted.
That's potentially interesting: legal tender means it must be accepted to settle certain debts and contractual obligations, but it doesn't mean you must accept it for transactions. Something like EZ pass seems potentially gray area; can they just say "well don't use these roads if you don't like the payment terms" ? I suspect you are right that with a state agency they probably have to provide some way for you to set…
If there was a gate at the entrance to the road and they verified you had an EZ Pass before letting you drive onto their road, sure. It's the same as a coffee shop not giving you any coffee until you've paid using a credit card. If they put up a sign that said "don't use these roads if you don't like the payment terms" and then you drove on the road anyway, that would technically form a contract between EZ Pass and t…
Right, debtors do but merchants don't. And merchants can put terms on it, which was the point I wanted to make.
If the sign says, "you can use this toll road if you either use EZ pass or accept our pay-by-mail system", then there seems to be no reason you have to include "cash" as one of the options.
Of course if you fail to pay, then you do owe them a debt (fee + penalties + whatever) and I think you are right they have to somehow accept cash, but that doesn't have to be made easy for you. Agree its not a state vs. private issue, I should have been clearer.