The "Fair Access to Banking Act" aims to ensure that all persons engaged in activities lawful under federal law receive fair access to financial services, preventing banks from acting as de facto regulators based on subjective political reasons or bias. It seeks to protect against financial institutions impeding lawful commerce by denying services based on factors other than quantitative, impartial risk-based standards . The bill prohibits large financial institutions, specifically those with over $10 billion in consolidated assets , from using Federal Reserve discount window lending programs if they refuse to do business with any person in compliance with the law. Similarly, these institutions, including covered credit unions and State-chartered non-member banks, would be barred from using the Automated Clearing House Network if they deny fair access. Payment card networks are also prohibited from denying access to services based on political or reputational risk considerations, with civil penalties for violations. To ensure fair access, covered banks must make financial services available on proportionally equal terms and cannot deny services unless justified by documented, impartial risk-based standards. Denials cannot be based solely on reputational risk, and banks must provide written justifications for any refusal. Importantly, the bill creates a private right of action , allowing individuals harmed by violations to sue for treble damages , reasonable attorney's fees, and costs without first exhausting administrative remedies.
The "Fair Access to Banking Act" aims to ensure that all persons engaged in activities lawful under federal law receive fair access to financial services, preventing banks from acting as de facto regulators based on subjective political reasons or bias. It seeks to protect against financial institutions impeding lawful commerce by denying services based on factors other than quantitative, impartial risk-based standards . The bill prohibits large financial institutions, specifically those with over $10 billion in consolidated assets , from using Federal Reserve discount window lending programs if they refuse to do business with any person in compliance with the law. Similarly, these institutions, including covered credit unions and State-chartered non-member banks, would be barred from using the Automated Clearing House Network if they deny fair access. Payment card networks are also prohibited from denying access to services based on political or reputational risk considerations, with civil penalties for violations. To ensure fair access, covered banks must make financial services available on proportionally equal terms and cannot deny services unless justified by documented, impartial risk-based standards. Denials cannot be based solely on reputational risk, and banks must provide written justifications for any refusal. Importantly, the bill creates a private right of action , allowing individuals harmed by violations to sue for treble damages , reasonable attorney's fees, and costs without first exhausting administrative remedies.