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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1260 By: Hays
AS INTRODUCED
An Act relating to consumer credit; amending 14A O.S.
2021, Section 2-211, which relates to discounts
inducing payment by cash, check, or similar means;
permitting certain charges; requiring line item;
amending 14A O.S. 2021, Section 2-417, which relates
to surcharges for use of credit or debit card;
permitting certain charges; requiring line item; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 14A O.S. 2021, Section 2-211, is
amended to read as follows:
Section 2-211. A. With respect to all consumer credit sales
transactions, a discount which a seller offers, allows or otherwise
makes available for the purpose of inducing payment by cash, check
or similar means rather than by use of an open-end credit card
account shall not constitute a credit service charge as determined
under Section 2-109 of this title if the discount is offered to all
prospective buyers clearly and conspicuously in accordance with
regulations of the Administrator of Consumer Affairs. No A seller
in any consumer credit sales transaction may pass on the processing
fee or impose a surcharge on a cardholder who elects an open-end
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credit card or debit card account instead of paying by cash, check
or similar means. There is no limit on the discount which may be
offered by the seller. A seller who provides a discount otherwise
than in accordance with the regulations of the Administrator must
make the disclosures required by those regulations.
B. A seller who is registered with the United States Treasury
Department as a money transmitter pursuant to 31 CFR, Section
103.41, and who provides an electronic funds transmission service,
including service by telephone and the Internet, may charge a
different price for a funds transmission service based on the mode
of transmission used in the transaction without violating this
section so long as the price charged for a service paid for with an
open-end credit card or debit card account is not greater than the
price charged for such service if paid for with currency or other
similar means accepted within the same mode of transmission.
C. Any seller subject to the provisions of subsection B of this
section shall either conduct business at a location in this state or
comply with the provisions of Section 1022 of Title 18 of the
Oklahoma Statutes.
D. As used in this section, "debit card" means any instrument
or device, whether known as a debit card or by any other name,
issued with or without fee by an issuer for the use of the
cardholder in depositing, obtaining or transferring funds from a
consumer banking electronic facility.
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E. For purposes of this section, a private educational
institution as defined in paragraph (e) of Section 3102 of Title 70
of the Oklahoma Statutes, a private school defined as a nonpublic
entity conducting an educational program for at least one grade
between prekindergarten through twelve, a municipality as defined in
paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes or
a public trust with a municipality as its beneficiary may charge a
service fee. The service fee shall be limited to bank processing
fees and financial transaction fees, the cost of providing for
secure transaction, portal fees, and fees necessary to compensate
for increased bandwidth incurred as a result of providing for an
online transaction.
F. If a seller elects to pass on the credit card or debit card
processing fee, or imposes a surcharge for the use of a credit card
or debit card, the charged amount shall be listed as a separate line
item on the cardholder's receipt.
SECTION 2. AMENDATORY 14A O.S. 2021, Section 2-417, is
amended to read as follows:
Section 2-417. A. No A seller in any consumer credit sales
transaction may pass on the processing fee or impose a surcharge on
a cardholder who elects to use a credit card or debit card in lieu
of payment by cash, check or similar means.
B. As used in this section, "debit card" means any instrument
or device, whether known as a debit card or by any other name,
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issued with or without fee by an issuer for the use of the
cardholder in depositing, obtaining or transferring funds from a
consumer banking electronic facility.
C. For purposes of this section, a private educational
institution as defined in paragraph (e) of Section 3102 of Title 70
of the Oklahoma Statutes, a private school defined as a nonpublic
entity conducting an educational program for at least one grade
between prekindergarten through twelve, a municipality as defined in
paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes or
a public trust with a municipality as its beneficiary may charge a
service fee. The service fee may be applied to online or in-person
transactions and shall be used to offset bank processing fees,
financial transaction fees, the cost of providing for secure
transaction, portal fees, and fees necessary to compensate for
increased bandwidth incurred as a result of providing the
transaction.
D. If a seller elects to pass on the credit card or debit card
processing fee, or imposes a surcharge for the use of a credit card
or debit card, the charged amount shall be listed as a separate line
item on the cardholder's receipt.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10282 MJ 12/02/24