Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB4075

Introduced
4/8/24  

Caption

Protecting Privacy in Purchases Act

Impact

Should SB4075 be enacted, it will directly impact the way payment card transactions are processed for firearms sales. The bill preempts any state or local laws regulating merchant category codes for firearm retailers, meaning that states will no longer have the authority to impose their own regulations in this regard. This centralization of regulation is intended to streamline processing for firearms retailers, preventing potential discrimination based on the category of goods sold. The Attorney General will have the authority to enforce compliance with the bill's provisions and will be required to report on enforcement actions annually.

Summary

SB4075, also known as the 'Protecting Privacy in Purchases Act', aims to prohibit payment card networks and covered entities from requiring the use of or assigning merchant category codes that distinguish firearms retailers from general merchandise or sporting goods retailers. This legislation is intended to protect the privacy of consumers purchasing firearms and to ensure that transactions involving firearms are not singled out or monitored differently compared to other retail goods. By removing the distinction through merchant category codes, the bill seeks to encourage a sense of normalcy and privacy for those purchasing firearms.

Contention

The legislation may face contention as it could be viewed as either enhancing consumer privacy or as an avenue for circumventing useful data reporting for financial institutions. Critics may argue that categorizing firearm-related transactions separately can help monitor unlawful activity, while supporters maintain that such distinctions unfairly target lawful businesses. Additionally, the prohibition against any private right of action means that only government enforcement will be available, raising concerns among consumer advocates about the adequacy of oversight and enforcement of the provisions of the bill.

Companion Bills

US HB7450

Related Protecting Privacy in Purchases Act

Previously Filed As

US SB1715

Protecting Privacy in Purchases Act

US HB7450

Protecting Privacy in Purchases Act

US HB181

Protecting Privacy in Purchases Act

US HB1186

Relative to firearm purchaser's privacy.

US HB0108

Firearm purchase protections.

US HB0182

Firearm purchase protections.

US H3930

Second Amendment Privacy Act

US S0338

Second Amendment Privacy Act

US LD1867

An Act to Prohibit Financial Institutions from Using Merchant Category Codes to Identify or Track Firearm Purchases or Disclose Firearm Purchase Records

US HB1084

Privacy of firearms financial transactions.

Similar Bills

NJ A5709

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

CA AB1587

Financial transactions: firearms merchants: merchant category code.

NJ S1866

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

NJ A258

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

NV SB438

Provides for the licensure and regulation of merchant acquirer limited purpose banks. (BDR 55-974)

MS HB3

Third-party delivery service; prohibit from using name, likeness, trademark or intellectual property of merchant without agreement.

MS SB2218

Third-party service; prohibit from using logo or intellectual property belonging to a restaurant without agreement.

NJ S3706

Requires use of merchant category codes for purchases of firearms and ammunition.