SB 341: "Freedom of Speech and Belief Act"; enact

This bill, called the Freedom of Speech and Belief Act, targets what its authors call 'debanking' and similar cutoffs of essential services. It would amend Georgia's Fair Business Practices Act (O.C.G.A. Title 10, Chapter 1, Article 15) to stop large financial institutions, big payment processors, and utility providers from denying or ending service to existing customers based on a 'social credit score' or on the customer's exercise of rights under the first ten amendments to the U.S. Constitution, such as speech, religion, association, or firearm ownership. The bill defines which banks and payment companies are covered (generally those over $2 billion in assets or transactions) and which utilities count (electric, water and sewer, natural gas, and broadband). It creates new civil penalties the Attorney General can seek, up to $250,000 for repeat violations, and lets customers sue for actual damages or a flat $50,000 (triple damages or $150,000 for willful violations), plus attorney's fees, but only after first referring the complaint to the Attorney General and waiting for a response or six months.

• Prohibits large financial institutions and utility providers from cutting off or restricting service to existing customers based on their exercise of constitutional rights such as speech, religion, association, or gun ownership.
• Bans providers from using a 'social credit score' tied to political activity, environmental disclosures, diversity policies, or legal business dealings (like firearms or oil and gas) to deny service.
• Creates new civil penalties enforced by the Attorney General: up to $10,000 for a first violation, $50,000 for a second, and $250,000 for a third or later violation.
• Gives individuals a private right to sue for actual damages or a flat $50,000 (up to triple damages or $150,000 if willful), plus court costs and attorney's fees.
• Requires a case to first be referred to the Attorney General for investigation before a private lawsuit can proceed, unless six months pass without action.
• Requires the Attorney General to publish a public report explaining any decision not to pursue a case.

Large banks and credit unions with over $2 billion in assets, major payment processors and card networks handling over $2 billion in transactions annually, and private utility companies providing electric, water, sewer, natural gas, or broadband service. Customers of these providers, especially those citing political, religious, or gun-related discrimination, are also directly affected.

If enacted, Georgians who believe a bank or utility cut them off for their political or religious views, gun ownership, or lawful business dealings could sue for significant damages, and the Attorney General could impose steep fines. Large financial and utility companies would need new compliance policies to avoid liability.

• Section 2 and 3 lay out legislative findings citing a prior failed bill (SB 57) and recent debanking controversies involving Capitol One and JPMorgan Chase as justification for the new law.
• Section 4 amends O.C.G.A. § 10-1-397 to add tiered civil penalties ($10,000, $50,000, $250,000) and requires the Attorney General to publish reports when declining to act, and to refer banking violations to the Department of Banking and Finance.
• Section 5 creates a new Part 10 in the Fair Business Practices Act defining 'essential services,' 'financial institution,' 'social credit score,' and other key terms.
• New Code Section 10-1-439.21 makes it unlawful for essential services providers to discriminate against existing customers or to coordinate with others to do so.
• New Code Section 10-1-439.22 sets up private lawsuit rights, including a $50,000 minimum damages award or triple damages for willful violations, plus attorney's fees.
• The private lawsuit right is conditioned on first referring the violation to the Attorney General and waiting for an order, a lawsuit, a published report, or six months to pass.
• A carve-out allows financial institutions to use impartial, publicly disclosed financial-risk standards for certain industries (like firearms or oil and gas) without that counting as a 'social credit score.'

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

• Blake Tillery (R, SD-019)Patrocinador principal
• 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)

• banking regulation
• debanking
• free speech
• utility services
• consumer protection