West Virginia Code 31A-2B-7 – Use of protected financial information for discriminatory purpose
A financial institution may not use a firearms code to engage in the following discriminatory conduct:
Terms Used In West Virginia Code 31A-2B-7
- Ammunition: means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm. See West Virginia Code 31A-2B-3
- assignment: refers to a financial institution policy, process, or practice that labels, links, or otherwise associates a firearms code with a merchant or payment card transaction in a manner that allows the financial institution or any other entity facilitating or processing the payment card transaction to identify whether a merchant is a firearms retailer or whether a transaction involves the sale of firearms, firearm accessories or components, or ammunition. See West Virginia Code 31A-2B-3
- Firearm accessories or components: means :
(A) Any device specifically adapted to enable the wearing or carrying about one's person or the storage or mounting in or on any conveyance of a firearm and any attachment or device specifically adapted to be inserted into or affixed onto any firearm to enable, alter, or improve the functioning or capabilities of the firearm. See West Virginia Code 31A-2B-3
- Firearms code: means any code or other indicator a financial institution assigns to a merchant or to a payment card transaction that identifies whether a merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or components, or ammunition. See West Virginia Code 31A-2B-3
- Merchant: means a person or entity that accepts payment cards from customers for the purchase of goods or services. See West Virginia Code 31A-2B-3
- Payment card: means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to purchase goods or services from a merchant. See West Virginia Code 31A-2B-3
(1) Declining a lawful payment card transaction based on the assignment of a firearms code to the merchant or transaction;
(2) Limiting or declining to do business with a customer, potential customer, or merchant based on the assignment of a firearms code to previous lawful transactions involving the customer, potential customer, or merchant;
(3) Charging a higher transaction or interchange fee to any merchant or for a lawful transaction, as compared to the fee charged to a similarly situated merchant or for a similar transaction, based on the assignment of a firearms code; or
(4) Otherwise taking any action against a customer or merchant that is intended to suppress lawful commerce involving firearms, firearm accessories or components, or ammunition.