Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 824 By: Jett
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6 AS INTRODUCED
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7 An Act relating to financial institutions; defining
7 terms; prohibiting disclosure of certain financial
8 information; prohibiting access of certain financial
8 information; providing exceptions; providing for
9 disclosure of financial information; providing
9 requirements for disclosure of information in the
10 event of a subpoena; prohibiting use of certain code
10 to engage in discriminatory conduct; authorizing
11 civil action for violations of act; providing for
11 recoverable damages; requiring the award of attorney
12 fees upon court finding; providing for codification;
12 and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 6-601 of Title 14A, unless there
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18 is created a duplication in numbering, reads as follows:
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19 As used in this act:
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20 1. "Assign" or "assignment" means a financial institution's
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21 policy, process, or practice that labels, links, or otherwise
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22 associates a firearms code with a merchant or payment card
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23 transaction in a manner that allows the financial institution or any
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24 other entity facilitating or processing the payment card transaction
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1 to identify whether a merchant is a firearms retailer or whether a
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2 transaction involves the sale of firearms or ammunition;
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3 2. "Customer" means any person who presents a payment card to a
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4 merchant for the purchase of goods or services;
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5 3. "Customer's protected financial information" refers to
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6 protected financial information appearing in the financial records
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7 of a customer;
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8 4. "Disclosure" means the transfer, publication, or
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9 distribution of protected financial information to another person
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10 for any purpose other than to process or facilitate a payment card
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11 transaction;
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12 5. "Financial institution" means an entity other than a
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13 merchant involved in facilitating or processing a payment card
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14 transaction, including, but not limited to, a bank, acquirer,
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15 gateway, payment card network, or payment card issuer;
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16 6. "Financial record" means a financial record held by a
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17 financial institution related to a payment card transaction that the
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18 financial institution has processed or facilitated;
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19 7. "Firearms retailer" means any person engaged in the lawful
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20 business of selling or trading firearms or ammunition to be used in
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21 firearms;
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22 8. "Firearms code" means any code or other indicator a
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23 financial institution assigns to a merchant or to a payment card
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24 transaction that identifies whether a merchant is a firearms
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1 retailer or whether the payment card transaction involves the
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2 purchase of a firearm or ammunition. The term shall include, but is
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3 not limited to, a merchant category code assigned to a retailer by a
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4 payment card network or other financial institution;
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5 9. "Government entity" means any state agency or political
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6 subdivision or agency thereof located in this state;
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7 10. "Merchant" means a person or entity that accepts payment
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8 cards from customers for the purchase of goods or services. The
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9 term shall include a firearms retailer that accepts payment cards
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10 for the lawful purchase of firearms or ammunition;
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11 11. "Payment card" means a credit card, charge card, debit
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12 card, or any other card that is issued to an authorized card user
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13 and that allows the user to purchase goods or services from a
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14 merchant; and
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15 12. "Protected financial information" means any record of a
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16 sale, purchase, return, or refund involving a payment card that is
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17 retrieved, characterized, generated, labeled, sorted, or grouped
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18 based on the assignment of a firearms code.
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19 SECTION 2. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 6-602 of Title 14A, unless there
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21 is created a duplication in numbering, reads as follows:
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22 A financial institution shall be prohibited from disclosing a
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23 customer's protected financial information and a government entity
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24 is prohibited from accessing or obtaining the information unless:
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1 1. Otherwise required by law and the protected financial
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2 information is not singled out, segregated, or disclosed based on
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3 the assignment of a firearms code;
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4 2. Disclosure is made pursuant to a valid warrant issued in a
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5 criminal investigation, stating the grounds or probable cause for
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6 its issuance;
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7 3. The customer has provided written authorization for
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8 disclosure, as provided in Section 3 of this act; or
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9 4. Disclosure is made pursuant to a subpoena or to a grand jury
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10 subpoena.
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11 SECTION 3. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 6-603 of Title 14A, unless there
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13 is created a duplication in numbering, reads as follows:
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14 A. A financial institution may disclose a customer's protected
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15 financial information if the customer provides the financial
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16 institution with written authorization for the disclosure. The
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17 written authorization described by this section shall contain the
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18 following:
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19 1. A statement that the customer consents to the disclosure of
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20 the protected financial information for a specific period;
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21 2. A statement that the customer has the right to refuse to
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22 consent to disclosure;
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1 3. A statement that the customer understands his or her right
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2 to revoke the consent at any time before the protected financial
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3 information is disclosed;
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4 4. A description of the financial records authorized to be
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5 disclosed;
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6 5. The purpose for which disclosure of the protected financial
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7 information is authorized; and
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8 6. The customer's signature.
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9 B. The written authorization described in this section shall
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10 not be required as a condition of doing business or transacting with
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11 any financial institution.
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12 C. The written authorization required by this section shall be
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13 executed distinctly and separately from other agreements or
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14 instruments entered into between the customer and financial
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15 institution.
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16 SECTION 4. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 6-604 of Title 14A, unless there
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18 is created a duplication in numbering, reads as follows:
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19 If a subpoena issued by a government entity requires disclosure
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20 of a customer's protected financial information, a financial
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21 institution shall only disclose the information if the subpoena
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22 meets the following requirements:
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23 1. The subpoena shall state that protected financial
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24 information is being sought; and
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1 2. A copy of the subpoena shall be served to the customer
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2 according to the procedure provided in Section 3 of this act and the
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3 subpoena shall contain a certification that the service was
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4 executed.
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5 SECTION 5. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 6-605 of Title 14A, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A financial institution shall not use a firearms code to engage
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9 in the following discriminatory conduct:
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10 1. Declining a lawful payment card transaction based on the
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11 assignment of a firearms code to the merchant or transaction;
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12 2. Limiting or declining to do business with a customer,
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13 potential customer, or merchant based on the assignment of a
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14 firearms code to previous lawful transactions involving the
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15 customer, potential customer, or merchant;
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16 3. Charging a higher transaction or interchange fee to a
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17 merchant or for a lawful transaction, as compared to the fee charged
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18 to a similarly situated merchant or for a similar transaction, based
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19 on the assignment of a firearms code; or
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20 4. Taking any action against a customer or merchant that is
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21 intended to suppress lawful commerce involving firearms or
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22 ammunition.
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1 SECTION 6. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 6-606 of Title 14A, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. A customer may bring a civil action for damages against any
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5 financial institution or government entity that causes the
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6 customer's protected financial information to be disclosed in
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7 violation of this act. For each violation, the individual may
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8 recover:
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9 1. Against any person who negligently or recklessly violates
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10 this act, damages of Ten Thousand Dollars ($10,000.00) or actual
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11 damages, whichever is greater; and
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12 2. Against any person who intentionally violates this act,
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13 damages of Twenty-five Thousand Dollars ($25,000.00) or actual
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14 damages, whichever is greater.
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15 B. A customer or merchant aggrieved by a violation of Section 5
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16 of this act may bring a civil action for damages. The person may
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17 recover damages of Thirty Thousand Dollars ($30,000.00) or actual
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18 damages, whichever is greater.
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19 C. If a court finds that a violation of this act has occurred
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20 as the result of a civil action filed pursuant to subsection A or B
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21 of this section, the court shall award reasonable attorney fees to
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22 the aggrieved party. A court may order other relief, including an
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23 injunction, as the court considers appropriate.
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24 SECTION 7. This act shall become effective November 1, 2025.
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Req. No. 458 Page 8Every fact on this page links to its source, starting with the official bill record.