Bills/S. 401

Fair Access to Banking Act

Fair Access to Banking Act

In CommitteeEconomySenateSenate Bill · 119th Congress
Bill Progress · Senate
Introduced
Committee
Passed House
Passed Senate
Passed Both
Signed

Plain Language Summary

# Fair Access to Banking Act Summary **What the bill would do:** The Fair Access to Banking Act would restrict banks, credit unions, and payment card networks from refusing service to customers who follow the law. Currently, these financial institutions can deny services for various reasons, including reputational concerns. This bill would limit their ability to do so—they could only refuse service if a customer fails to meet specific, quantifiable, risk-based standards that the institution established beforehand. The bill specifically prohibits denying service based on "reputational risk" to the bank itself. **Who it affects and key provisions:** The bill primarily affects financial institutions and their customers.

If passed, banks that violate these rules could lose access to electronic funds transfer systems and lending programs, have their deposit insurance terminated, and face civil penalties. Individuals denied banking services could sue financial institutions for violations. The bill emphasizes that any denial standards must be objective, documented in advance, and applied impartially—not based on the bank's concerns about its public image or reputation. **Current status:** The bill (S. 401) was introduced in the 119th Congress by Senator Kevin Cramer (R-ND) and is currently in committee, meaning it has not yet been voted on by the full Senate.

CRS Official Summary

Fair Access to Banking Act This bill places restrictions on certain banks, credit unions, and payment card networks if they refuse to do business with a person who complies with the law. Restrictions include prohibiting the use of electronic funds transfer systems and lending programs, termination of an institution's depository insurance, and specified civil penalties.Banks and other specified financial institutions are allowed to deny financial services to a person only if the denial is justified by a documented failure of that person to meet quantitative, impartial, risk-based standards established in advance by the institution. This justification may not be based upon reputational risks to the institution.The bill establishes the right for a person to bring a civil action for a violation of this bill.

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Latest Action

February 4, 2025

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Sponsor

R
Cramer, Kevin [R-ND]
R-ND · Senate
45 cosponsors

Key Dates

Introduced
February 4, 2025
Last Updated
February 4, 2025
Read Full Text on Congress.gov →
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