SB341: SB341 "Freedom of Speech and Belief Act"; enact

This bill responds to concerns that some banks and utility companies have cut off or 'debanked' customers because of their political or religious views, gun ownership, or other lawful activity. It creates a new part of Georgia's Fair Business Practices Act making it illegal for large financial institutions (banks or credit unions with over $2 billion in assets, or big payment processors) and utility providers (electric, water and sewer, natural gas, broadband) to discriminate against existing customers based on exercising rights protected by the first ten amendments to the U.S. Constitution, or based on a 'social credit score' tied to things like climate disclosures, diversity policies, or lawful business dealings in firearms or energy. Violations count as unfair or deceptive practices. The Attorney General can seek civil penalties starting at $10,000 for a first violation and rising to $250,000 for repeat violations. Harmed customers can sue for actual damages or $50,000 (whichever is greater, tripled for willful violations), plus injunctions and attorney's fees, but only after referring the matter to the Attorney General first.

• Creates a new legal category banning 'essential services providers' (large banks, payment processors, and utility companies) from cutting off existing customers based on protected constitutional activity or a 'social credit score.'
• Defines 'social credit score' to include penalizing customers over climate disclosures, diversity or gender policies, abortion or gender-reassignment assistance, or lawful dealings in firearms, oil, or gas.
• Lets the Attorney General impose civil penalties of up to $10,000 for a first violation, $50,000 for a second, and $250,000 for a third or later violation.
• Allows individuals harmed by a violation to sue for damages of at least $50,000 (tripled if willful) plus injunctive relief and attorney's fees, after first referring the case to the Attorney General.
• Requires the Attorney General to publish a public report explaining any decision not to pursue enforcement action against a suspected violator.
• Directs the Attorney General to refer suspected violations by financial institutions to the Department of Banking and Finance for further investigation.

Large banks and credit unions with over $2 billion in assets, big payment processors and card networks, and utility companies providing electric, water and sewer, natural gas, or broadband service; also any customer of those companies whose service could be affected, and the state Attorney General's office, which gains new enforcement duties.

If enacted, large financial and utility companies would face new legal risk for closing accounts or cutting service over a customer's political views, religion, gun ownership, or business dealings in areas like firearms or energy, giving affected Georgians a path to sue and recover damages.

• Section 4 amends O.C.G.A. § 10-1-397 to let courts impose civil penalties up to $250,000 for repeat violations and lets the Attorney General skip advance notice before suing.
• Section 5 adds new Code Section 10-1-439.20 defining 'discriminate in the provision of essential services,' 'essential services,' 'financial institution,' 'social credit score,' and 'utility services.'
• Section 5 adds Code Section 10-1-439.21 prohibiting essential services providers from discriminating against customers with an existing business relationship, or coordinating with others to do so.
• Section 5 adds Code Section 10-1-439.22 making violations an unfair or deceptive practice and setting a private right of action for damages of the greater of actual damages or $50,000, tripled if willful.
• Section 5 requires that before a private lawsuit is filed, the violation must first be referred to the Attorney General, with the suit allowed only after the Attorney General acts or six months pass.
• Section 3 recites legislative findings referencing a prior failed bill (SB 57) and specific incidents involving Capital One and JPMorgan Chase.
• Section 6 repeals conflicting laws.

1. 2025-03-20Senate Read and Referred (Senate)
2. 2025-03-18Senate Hopper (Senate)

• Blake Tillery (R, SD-019)Primary sponsor
• Greg Dolezal (R, SD-027)
• Bo Hatchett (R, SD-050)
• Timothy Bearden (R, SD-030)
• Colton Moore (R, SD-053)
• Brian Strickland (R, SD-042)
• Steve Gooch (R, SD-051)
• Brandon Beach (R, SD-021)
• Chuck Hufstetler (R, SD-052)
• Ben Watson (R, SD-001)
• Ed Setzler (R, SD-037)

• debanking
• consumer protection
• financial services regulation
• utility companies
• constitutional rights