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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1260 By: Hays
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36	36	AS INTRODUCED
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38	38	An Act relating to consumer credit; amending 14A O.S.
39	39	2021, Section 2-211, which relates to discounts
40	40	inducing payment by cash, check , or similar means;
41	41	permitting certain charges; requiring line item;
42	42	amending 14A O.S. 2021, Section 2 -417, which relates
43	43	to surcharges for use of credit or debit card;
44	44	permitting certain charges; requiring line item; and
45	45	providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 14A O.S. 2021, Section 2 -211, is
52	52	amended to read as follows:
53	53	Section 2-211. A. With respect to all consumer credit sales
54	54	transactions, a discount which a seller offers, allows or otherwise
55	55	makes available for the purpose of inducing payment by cash, check
56	56	or similar means rather than by use of an open -end credit card
57	57	account shall not constitute a credit service charge as determined
58	58	under Section 2-109 of this title if the discount is offered to all
59	59	prospective buyers clearly and con spicuously in accordance with
60	60	regulations of the Administrator of Consumer Affairs. No A seller
61	61	in any consumer credit sales transaction may pass on the processing
62	62	fee or impose a surcharge on a cardholder who elects an open -end
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89	89	credit card or debit card account instead of paying by cash, check
90	90	or similar means. There is no limit on the discount which may be
91	91	offered by the seller. A seller who provides a discount otherwise
92	92	than in accordance with the regulations of the Administrator must
93	93	make the disclosures required by those regulations.
94	94	B. A seller who is registered with the United States Treasury
95	95	Department as a money transmitter pursuant to 31 CFR, Section
96	96	103.41, and who provides an electronic funds transmission service,
97	97	including service by telephone and the Internet, may charge a
98	98	different price for a funds transmission service based on the mode
99	99	of transmission used in the transaction without violating this
100	100	section so long as the price charged for a service paid for with an
101	101	open-end credit card or debit card account is not greater than the
102	102	price charged for such service if paid for with currency or other
103	103	similar means accepted within the same mode of transmission.
104	104	C. Any seller subject to the provisions of subsection B of this
105	105	section shall either conduct business at a location in this state or
106	106	comply with the provisions of Section 1022 of Title 18 of the
107	107	Oklahoma Statutes.
108	108	D. As used in this section, "debit card" means any instrument
109	109	or device, whether known as a debit card or by any other name,
110	110	issued with or without fee by an issuer for the use of the
111	111	cardholder in depositing, obtaining or transferring funds from a
112	112	consumer banking electronic facility.
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139	139	E. For purposes of this section, a private educational
140	140	institution as defined in paragraph (e) of Section 3102 of Title 70
141	141	of the Oklahoma Statutes, a private school defined as a nonpublic
142	142	entity conducting an educational program for at least one grade
143	143	between prekindergarten through twelve, a municipality as defined in
144	144	paragraph 5 of Section 1 -102 of Title 11 of the Oklahoma Statutes or
145	145	a public trust with a municipality as its beneficiary may charge a
146	146	service fee. The service fee shall be limited to bank processing
147	147	fees and financial transaction fees, the cost of providing for
148	148	secure transaction, portal fees, and fees necessary to compensate
149	149	for increased bandwidth incurred as a result of providing for an
150	150	online transaction.
151	151	F. If a seller elects to pass on the credit c ard or debit card
152	152	processing fee, or imposes a surcharge for the use of a cred it card
153	153	or debit card, the charged amount shall be listed as a separate line
154	154	item on the cardholder 's receipt.
155	155	SECTION 2. AMENDATORY 14A O.S. 2021, Sect ion 2-417, is
156	156	amended to read as follows:
157	157	Section 2-417. A. No A seller in any consumer credit sales
158	158	transaction may pass on the processing fee or impose a surcharge on
159	159	a cardholder who elects to use a credit card or debit card in lieu
160	160	of payment by cash, check or similar means.
161	161	B. As used in this section, "debit card" means any instrument
162	162	or device, whether known as a debit card or by any other name,
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189	189	issued with or without fee by an issuer for the use of the
190	190	cardholder in depositing, obtaining or transf erring funds from a
191	191	consumer banking electronic facility.
192	192	C. For purposes of this section, a private educational
193	193	institution as defined in paragraph (e) of Section 3102 of Title 70
194	194	of the Oklahoma Statutes, a private school defined as a nonpublic
195	195	entity conducting an educational program for at least one grade
196	196	between prekindergarte n through twelve, a municipality as defined in
197	197	paragraph 5 of Section 1 -102 of Title 11 of the Oklahoma Statutes or
198	198	a public trust with a municipality as its beneficiary may char ge a
199	199	service fee. The service fee may be applied to online or in -person
200	200	transactions and shall be used to offset bank processing fees,
201	201	financial transaction fees, the cost of providing for secure
202	202	transaction, portal fees, and fees necessary to compensate for
203	203	increased bandwidth incurred as a result of providing the
204	204	transaction.
205	205	D. If a seller elects to pass on the credit card or debit card
206	206	processing fee, or imposes a surcharge for the use of a credit card
207	207	or debit card, the charged amount shall be listed as a separate line
208	208	item on the cardholder 's receipt.
209	209	SECTION 3. This act shall become effective November 1, 2025.
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211	211	60-1-10282 MJ 12/02/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1260 Compare Versions