Fair Access Laws: Between Regulation and Rights

In this episode, David Schwartz, President & CEO of FIBA, leads a timely discussion on the rise of “fair access” laws and their implications for banks, regulators, and consumers. He is joined by Marina Olman-Pal, Shareholder at Greenberg Traurig, and Carl Fornaris, Partner at Winston & Strawn LLP, both leaders in financial regulatory law.

Together, they unpack the legislative trend fueled by political polarization, state activism, and public pressure—including recent developments in Florida, the Agriculture Bill, and proposed federal legislation.

Key Topics Include:

• What Florida’s fair access laws really mean—and why they’ve become a national reference point
• Complaint mechanisms and OFR’s investigative process: What banks need to document and disclose
• Why regulators are advising banks to tread carefully with ESG language in policies
• The risk of litigation in the absence of regulatory clarity
• Federal vs. state tensions: Can federal preemption apply?
• The growing importance of lobbying, legal review, and internal governance

Podcast Recap:

• Florida leads the country in enforcing fair access statutes, requiring financial institutions to justify service denials
• New legislation includes complaint processes, private rights of action, and increased transparency obligations
• Federal efforts (like the Fair Access to Banking Act) remain in bill form, but could override state laws if passed
• Banks must reassess their customer policies, document risk decisions clearly, and prepare for legal exposure
• The industry is urged to engage in advocacy and compliance planning—not just wait and see

Stay tuned for more regulatory insights in upcoming episodes.