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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 781 By: Coleman
AS INTRODUCED
An Act relating to wages; creating the Oklahoma
Earned Wages Access Services Act; providing short
title; defining terms; allowing an earned wage access
services provider to provide certain services;
specifying the services allowed; requiring a provider
to follow certain provisions; prohibiting an earned
wage access services provider from providing certain
services; specifying prohibited ac tions; allowing for
certain exceptions; exempting certain services from
this act; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 650 of Title 40, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma Earned
Wages Access Services Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 650.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
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1. “Consumer” means an individual who resides in Oklahoma ;
2. “Consumer-directed wage access service ” means delivering to
a consumer access to earned but unpaid income that is based on the
consumer’s representations and the provider ’s reasonable
determination of the consumer ’s earned but unpaid income;
3. “Earned but unpaid income ” means salary, wages,
compensation, or other income that a consumer or an employer has
represented and that a provider has reasonably determined has been
earned or accrued to the benefit of the consumer in exch ange for the
consumer’s provision of services to the employer or on behalf of the
employer including on an hourly, project -based, piecework, or other
basis. Earned but unpaid income shall include income earned under
circumstances in which the consumer is acting as an independent
contractor of the employer but has not , at the time of the payment
of proceeds, been paid by the employer;
4. “Earned wage access services ” means services providing
consumer-directed wage access services or employer -integrated wage
access services;
5. “Earned wage access services provider ” or “provider”:
a. means a person that is in the business of providing
earned wage access services to consumers, and
b. does not mean a service provider, such as a payroll
service provider, whose role may include verifying the
available earnings but is not contractually ob ligated
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to fund any proceeds delivered as part of an earned
wage access service, or an employer that offers a
portion of salary, wages, or compensation directly to
its employees or independent contractors before the
normally scheduled pay date;
6. “Employer”:
a. means a person who employs a consumer, or any other
person who is contractually obligated to pay a
consumer in exchange for the consumer ’s provision of
services to the employer or on behalf of the employer
including on an hourly, project -based, piecework, or
other basis and including circumstances in which the
consumer is acting as an independent contractor with
respect to the employer , and
b. does not mean a customer of an employer, or any other
person whose obligation to make a payment of salary,
wages, compensation, or other income to a consumer is
not based on the provision of services by that
consumer for or on behalf of the person ;
7. “Employer-based integrated wage access services” means
delivering to a consumer access to earned but unpaid in come that is
based on employment, income, or attendance data obtained directly or
indirectly from an employer ’s payroll service provider ;
8. “Fee”:
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a. means a fee imposed by a p rovider for delivery or
expedited delivery of proceeds to a consumer, or a
subscription or membership fee imposed by a provider
for a bona fide group of services that include s earned
wage access services , and
b. does not mean a voluntary tip, gratuity, or other
donation;
9. “Proceeds” means a payment to a consumer by a provider tha t
is based on earned but unpaid income ; and
10. “Outstanding proceeds ” means proceeds remitted to a
consumer by a provider that have not yet been repaid to the
provider.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 50.2 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. An earned wage access services provider shall:
1. Develop and implement policies and procedures to respond to
questions raised by co nsumers and address complaints from consumers
in an expedient manner;
2. When a consumer is offered the option to receive proceeds
for a fee or solicits an optional tip, gratuit y, or other donation,
offer the consumer at least one reasonable option to obtain proceeds
at no cost to the consumer and clearly explain how to elect the no -
cost option;
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3. Before entering into an agreement with a consumer for the
provision of earned wag e access services, adhere to the following:
a. inform the consumer of his or her rights under the
agreement, and
b. fully and clearly disclose all fees associated with
the earned wage access service s;
4. Inform the consumer of any material changes to the terms and
conditions of the earned wage access services before implementing
those changes for that consumer;
5. Allow the consumer to cancel use of the provider ’s earned
wage access services at any time, without incurring a cancellation
fee imposed by the provider;
6. Comply with all applicable local, state, and federal privacy
and information security laws;
7. If a provider solicits charges or receives a tip, gratuity,
or other donation from a consumer, disclose clearly and
conspicuously to the consumer :
a. immediately prior to each transaction that a tip,
gratuity, or other donation amount may be zero and is
voluntary, and
b. in the provider service contract with the consumer and
elsewhere that tips, gratuities, or other donation s
are voluntary and that the offering of earned wage
access services, including the amount of proceeds a
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consumer is eligible to request and the frequency with
which proceeds are provided to a consumer, is not
contingent on whether the consumer pays, or on the
size of any tips, gratuities, or other donations; and
8. Provide proceeds to a consumer by any means mutually agreed
upon by the consumer and the provider .
B. If the provider seek s repayment of outstanding proceeds or
payment of fees or other amounts owed, including volunt ary tips,
gratuities, or other donations, in connection with the activities
covered by this act, from a consumer’s account at a depository
institution, including by means of electronic fund s transfer, the
provider shall:
1. Comply with applicable provisio ns of the federal Electronic
Fund Transfer Act and regulations adopted thereunder; and
2. Reimburse the consumer fo r the full amount of any overdraft
or insufficient funds or fees imposed on a consumer by the
consumer’s depository institution that were ca used by the provider
attempting to seek payment of any outstanding proceeds, fees, or
other payments, in connection with the activities covered by this
chapter, including voluntary tips, gratuities, or other donations,
on a date before, or in an incorrect amount from, the date or amount
disclosed to the consumer.
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C. Nothing in this act shall require a provider to be subject
to payments of outstanding proceeds or fees, if they were incurred
by a consumer through fraudulent or other unlawful means.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 50.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. An earned wage access services provider shall not :
1. Share with an employer a portion of any fees, voluntary
tips, gratuities, or other donations that were received from or
charged to a consumer for earned wage access services;
2. Require a consumer ’s credit report or a credit score
provided or issued by a co nsumer reporting agency to determine a
consumer’s eligibility for earned wage access services;
3. Accept payment of outstanding proceeds, fees, voluntary
tips, gratuities, or other donations from a consumer by means of
credit card or charge card;
4. Charge a consumer a late fee, deferral fee, interest, or any
other penalty or charge for failure to pay outstanding proceeds,
fees, voluntary tips, gratuities, or other donations;
5. Report to a consumer reporting agency or debt collector any
information about the consumer regarding the inability of the
provider to be repaid outstandin g proceeds, fees, voluntary tips,
gratuities, or other donations;
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6. Compel or attempt to compel payment by a consumer of
outstanding proceeds, fees, voluntary tips, gratuities, or other
donations to the provider through any of the following :
a. a suit against the consumer in a court of competent
jurisdiction,
b. use of a third party to pursue collection from the
consumer on the provider ’s behalf, or
c. sale of outstanding procee ds, fees, voluntary tips,
gratuities, or other donations to a third-party
collector or debt buyer for collection from a
consumer; and
7. Mislead or deceive a consumer about the voluntary nature of
the tips, gratuities, or donations or represent that they will
benefit any specific individuals or group of individuals.
B. The limitations set forth in this section do not preclude
the use by a provider of any of the methods specified in paragraph 6
of subsection A of this section to compel payment of outstandi ng
proceeds or fees incurred by a consumer through fraudulent or
unlawful means; nor do they preclude a provider from pursuing an
employer for breach of its contractual obligations to the provider.
C. A provider may use the mailing address or state of res idence
provided to it by a person or that person ’s employer to determine
the person’s state of residence for purposes of this act.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 50.4 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. This act shall not apply to any person doing business under
the authority of any law of this state or of the United States
relating to banks, savings institutions, trust com panies, building
and loan associations, industrial loan associations, or credit
unions.
B. Notwithstanding any other provision of law, earned wage
access services offered and provided by an earned wage access
services provider in accordance with this act shall not be
considered:
1. In violation of or noncompliance with any law gov erning
deductions from payroll, salary, wages, compensation, or other
income or the purchase, sale , or assignment of, or an order for ,
earned but unpaid income;
2. A loan or other form of credit or debt ; nor shall the
provider be considered a creditor, debt collector, or lender with
respect thereto; or
3. A money transmission; nor shall the provider be considered a
money transmitter with respect thereto.
C. Notwithstanding any other provision of law, fees, voluntary
tips, gratuities, or other donations p aid in accordance with this
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act to a provider shall not be considered interest or finance
charges.
SECTION 6. This act shall become effective November 1, 2025.
60-1-784 MR 1/15/2025 4:29:45 PM