H.R. 1181: Protecting Privacy in Purchases Act
This bill, titled the Protecting Privacy in Purchases Act, aims to regulate the classification of merchants, specifically firearms retailers, by payment card networks and other related entities. Here’s a breakdown of what the bill entails:
Prohibitions on Merchant Category Codes
The bill prohibits payment card networks from requiring firearms retailers to use a specific merchant category code that distinguishes them from general merchandise or sporting goods retailers. This means:
- Firearms retailers cannot be assigned a separate code that identifies them as a different type of business based solely on their sales of firearms and ammunition.
- Covered entities, which are companies processing transactions for merchants, are also restricted from assigning any distinguishing code to firearms retailers.
Enforcement Mechanism
The enforcement of these regulations falls under the jurisdiction of the Attorney General. Key points include:
- The Attorney General must establish a complaint process for firearms retailers and individuals who believe their rights have been violated under this bill.
- Upon receiving complaints, the Attorney General is required to investigate them.
- If a violation is confirmed, a written notice must be sent to the offending payment card network or covered entity, demanding remediation within 30 days.
- If no action is taken, the Attorney General has the authority to take legal action in federal court to stop the violation.
- Notably, individuals cannot bring private lawsuits related to violations under this act.
Preemption of State and Local Laws
The bill preempts any state or local laws that regulate merchant category codes for firearms retailers, meaning that once this bill becomes law, states cannot create their own rules regarding how firearms retailers are classified.
Annual Reporting
The Attorney General is required to report to Congress each year. The report will include:
- The number of investigations conducted under this section.
- A summary of these cases and their outcomes.
- Data and analysis related to the effectiveness of this law.
Definitions of Key Terms
The bill outlines specific definitions for terms used, including:
- Ammunition: Defined as per existing U.S. law.
- Covered entity: An entity involved in processing transactions for merchants.
- Firearm: Defined according to federal law.
- Firearms retailer: A business that sells or trades firearms or ammunition.
- Merchant category code: A code used to categorize merchants based on the type of business.
- Payment card network: An entity that facilitates credit and debit card transactions.
Relevant Companies
- V (Visa Inc.) - As a major payment card network, Visa would be directly impacted by the prohibition on classifying firearms retailers separately from other types of retailers.
- MQ (Mastercard Incorporated) - Similar to Visa, Mastercard would also need to comply with the regulations regarding merchant category codes for firearms retailers.
- DFS (Discover Financial Services) - Discover, as another payment card network, would be affected by the requirements regarding the classification of firearms retailers.
This is an AI-generated summary of the bill text. There may be mistakes.
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Actions
2 actions
Date | Action |
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Feb. 11, 2025 | Introduced in House |
Feb. 11, 2025 | Referred to the House Committee on Financial Services. |
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