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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 986 By: Thompson
AS INTRODUCED
An Act relating to consumer protection; defining
terms; prohibiting use of hidden fees and charges by
businesses; requiring fees and ch arges to be
displayed clearly and conspicuously by businesses;
making unlawful use of fees and charges a violation
of the Oklahoma Consumer Protection Act; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 773 of Title 15, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. “Ancillary good or service ” means any additional good or
goods or additional service or services offered to a consumer as
part of a transaction;
2. “Business” means an individual, corporation, partnership,
association, or any other entity that offers goods or services
including, but not limited to, online, in mobile applications, an d
in physical locations;
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3. “Clear and conspicuous ” or “clearly and conspicuously ” means
a required disclosure is easily noticeable and easily understandable
by consumers, as follows:
a. in any communication that is solely visual or solely
audible, the disclosure shall be made through the same
means by which the communication is presented. In any
communication made through both visual and audible
means, the disclosure shall be p resented
simultaneously in both the visual and audible portions
of the communication even if the presentation
requiring the disclosure is made in only one means,
b. a visual disclosure, by size, contrast, location, the
length of time viewable, and other ch aracteristics,
shall stand out from any accompanying text or visual
elements so that it is easily noticed, read, and
understood,
c. an audible disclosure, including by telephone or
streaming video, shall be delivered in a volume,
speed, and cadence suffici ent for ease of
understanding,
d. in any communication using an interactive el ectronic
medium, such as on the Internet, mobile application,
or software, the disclosure shall be unavoidable,
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e. the disclosure shall use diction and syntax
understandable to consumers and shall appear in each
language in which the representation that requires the
disclosure appears,
f. the disclosure shall comply with these requirements in
each medium through which it is received, including
all electronic devices and face -to-face communication,
and
g. the disclosure shall not be contradicted or mitigated
by, or inconsistent with, anything else in the
communication;
4. “Covered good or service ” means:
a. live-event tickets, and
b. short-term lodging including, but not limited to ,
temporary sleeping accommodations at a hotel, motel,
inn, short-term rental, vacation rental, or other
place of lodging;
5. “Government charges” means the fees or charges imposed on
the transaction by a federal, state, trial, or local government
agency, unit, or department;
6. “Pricing information” means any information relating to an
amount a consumer may pay;
7. “Shipping charges” means the fees or charges that reasonably
reflect the amount a business incurs to send physical goods to a
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consumer including, but not limited to, through the mail, private
mail and shipping services, or by freight; and
8. “Total price” means the maximum total of all fees or charges
a consumer shall pay for any good or goods or service or services
along with any mandatory a ncillary good or service. Government
charges, shipping charges, and fees or c harges for any option al
ancillary good or service may be excluded from the provisions of
this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 773.1 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. It shall be unlawful for any business to offer, display, or
advertise any price of a covered good or service without clearly an d
conspicuously disclosing the total price.
B. In any offer, display, or adve rtisement that represents any
price of a covered good or service, a business shall disclose the
total price more prominently than any other pricing information.
Where the final amount of payment for the transaction is displayed,
the final amount of payment shall be disclosed more prominently
than, or as prominently as, the total price.
C. A business shall disclose clearly and conspicuously, before
the consumer consents to pay fo r any covered good or service:
1. The nature, purpose, and amount of any fee or charge imposed
on the transaction that has been excluded from the total price and
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the identity of the good or service for which the fee or charge is
imposed; and
2. The final amount of payment for the transaction.
D. It shall be considered an unfair and deceptive practice
under the Oklahoma Consumer Protection Act for any business in any
offer, display, or advertisement for a covered good or service to
misrepresent any fee or charge including, but not limited to, the
nature, purpose, amount, or refunda bility of any fee or charge, and
the identity of the good or service for which the fee or charge is
imposed.
SECTION 3. This act shall become effective November 1, 2025.
60-1-26 MR 1/16/2025 1:57:52 PM