HB 2100 / SB 2148

This bill requires a state or national “financial institution” to make determinations about the provision or denial of services based on an analysis of risk factors unique to each current or prospective customer and prohibits a financial institution from denying or canceling its services to a person, or otherwise discriminating against a person in making available such services from the use of a rating, scoring, analysis, tabulation, or action that considers a social credit score based on factors including:

(1) The person’s political opinions, speech, or affiliations.

(2) The person’s religious beliefs, religious exercise, or religious affiliations

(3) Any factor if it is not a quantitative, impartial, and risk-based standard.

(4) The person’s lawful ownership of a firearm.

(5) The person’s engagement in the lawful manufacture, distribution, sale, purchase, or use of firearms or ammunition.

(6) The person’s engagement in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, mining, or agriculture.

(7) The person’s support of the state or federal government in combatting illegal immigration, drug trafficking, or human trafficking.

(8) The person’s engagement with, facilitation of, employment by, support of, business relationship with, representation of, or advocacy for any person described in this subsection.

(9) The person’s failure to meet or commit to meet, or expected failure to meet, any of the following if such person is in compliance with applicable state or federal law:

(A) Environmental standards.

(B) Social governance standards, benchmarks, or requirements.

(C) Corporate board or company employment composition standards, benchmarks, requirements, or disclosures based on characteristics protected under this state’s human rights law.

(D) Policies or procedures requiring or encouraging employee participation in social justice programming, including diversity, equity, or inclusion training.

This bill also requires insurers to make determinations about the provision of services based on an analysis of sound underwriting and actuarial principles related to actual or reasonably anticipated loss experience unique to each current or prospective customer and prohibits an insurer from denying or canceling its services to a person, or otherwise discriminating against a person in making available such services or in the terms or conditions of such services, on the basis of the items described above.

This bill provides that, in addition to other remedies and penalties provided under law, a violation of the above is a violation of the Tennessee Consumer Protection Act of 1977.