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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
2ND CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1851 By: Schreiber, Deck, Stewart,
and Manger of the House
and
Gollihare of the Senate
2ND CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to contracts; creating the Oklahoma
Fair Renewal Act; providing definitions; requiring
automatic renewal contracts to present offer terms in
clear and conspicuous manner; prohibiting utilization
of online link unless it complies with listed
conditions; requiring written acknowledgement;
requiring a readily accessible mechanism for
canceling an automatic renewal contract; requiring
notice of material changes to terms of an automatic
renewal contract; requiring persons who sells a good
or service to a consumer pursuant to an automatic
renewal contract to provide notice of contract
renewal; providing exceptions for certain entities;
clarifying violation of act constitutes unlawful
business practice; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section 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:
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This act shall be known and may be cited as the "Oklahoma Fair
Renewal 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:
As used in this act, the following terms shall mean:
A. "Automatic renewal contract" means a plan or arrangement in
which a paid subscription or purchasing agreement is automatically
renewed at the end of a definite term for a subsequent term or on a
continuous or recurring basis.
B. "Automatic renewal offer terms" means the following clear
and conspicuous disclosures:
1. That an automatic renewal contract will automatically renew
or extend after the initial period for a set term not to exceed one
(1) year unless the consumer gives express written consent for a
longer renewal term;
2. A description of the cancellation policy that applies to the
offer;
3. Any recurring charges that will be charged to the consumer's
credit card, debit card, or payment account with a third party as
part of an automatic renewal contract;
4. The length of an automatic renewal term; and
5. The minimum purchase obligation, if any.
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C. 1. "Clear and conspicuous" or "clearly and conspicuously"
means in larger type than the surrounding text; in contrasting type,
font, or color to the surrounding text of the same size; or set off
from the surrounding text of the same size by symbols or other marks
in a manner that clearly calls attention to the language; or
2. In the case of an audio disclosure, "clear and conspicuous"
or "clearly and conspicuously" means in a volume and cadence
sufficient to be readily audible and understandable.
D. "Consumer" means an individual who seeks or acquires, by
purchase or lease, any goods, services, money, or credit for
personal, family, or household purposes.
E. "Trial period offer" means a solicitation offering a
consumer a period of time in which to sample a product or service,
which offer is used as an inducement for the consumer to make a
purchase of the product or service or a similar product or service.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 773.2 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. It is unlawful for a person who offers an automatic renewal
contract to a consumer in this state to:
1. Fail to present the automatic renewal offer terms in a clear
and conspicuous manner before the automatic renewal contract is
executed. In the case of an offer that is conveyed by voice, the
person must present the terms in temporal proximity to the request
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for the consumer's consent to the offer. If the offer includes a
trial period offer, the offer must also include a clear and
conspicuous explanation of the price that will be charged and any
further purchase obligations that will be imposed on the consumer
after the trial period ends;
2. Utilize an online link as part of an offer of an automatic
renewal contract, which online link directs a consumer to the
information about the automatic renewal contract required by this
subsection, unless the online link:
a. is available before a consumer elects to purchase any
good or service subject to the automatic renewal
contract,
b. appears in close proximity to any online link used by
the consumer to purchase any good or service or enroll
in the automatic renewal contract, and
c. is labeled with, or is directly adjacent to, a clear
and conspicuous disclosure that states that by
purchasing the good or service, the consumer agrees to
enroll in an automatic renewal contract;
3. Fail to provide the consumer a written acknowledgment that
includes the automatic renewal offer terms, the cancellation policy,
and information regarding how to cancel in a manner that is capable
of being retained by the consumer. If the offer of an automatic
renewal contract includes a trial period offer, the person shall
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also disclose in the written acknowledgment how to cancel the free
trial before the consumer is required to pay for the goods or
services;
4. Fail to provide a simple, cost-effective, timely, easy-to-
use, and readily accessible mechanism for canceling an automatic
renewal contract or trial period offer. A person is deemed to
comply with this paragraph if the person offers:
a. a direct online cancellation link to initiate the
cancellation process that is:
(1) located on the person's website, within the
consumer's account or profile, or contained in an
electronic device or service or an electronic
communication to the consumer, and
(2) available to the consumer after the consumer
completes a reasonable authentication protocol
used solely to confirm that the consumer is
authorized to make changes to the account, or
b. an in-person mechanism for canceling an automatic
renewal contract or trial period offer, which
mechanism:
(1) is at a physical location where the consumer
regularly utilizes any goods or services that are
subject to the automatic renewal contract, and
(2) satisfies the requirements of this paragraph.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 773.3 of Title 15, unless there
is created a duplication in numbering, reads as follows:
If a material change occurs in the terms of an automatic renewal
contract that has been accepted by a consumer in this state, the
person shall provide to the consumer, a clear and conspicuous notice
of the material change and information regarding cancellation of the
automatic renewal contract, including information concerning the
mechanism described in paragraph 4 of Section 3 of this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 773.4 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. A person that sells a good or service to a consumer pursuant
to an automatic renewal contract of one year or more in duration
shall notify the consumer that the automatic renewal contract will
automatically renew or continue unless the consumer cancels the
automatic renewal contract. The notice must inform the consumer of
the process for canceling the automatic renewal contract, and the
process must provide clear and accurate information about the
identity of the sender and be consistent with paragraph 4 of Section
3 of this act. The person shall provide the notice by:
1. Physical mail;
2. Electronic mail; or
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3. Another easily accessible form of communication, such as a
text message or a mobile phone application, if the consumer
specifically authorizes the person to provide notice in such form or
if the consumer customarily uses such form to communicate with the
person.
B. A person that sells a good or service to a consumer pursuant
to an automatic renewal contract shall send the notice described in
subsection A of this section at least fifteen (15) and no more than
forty-five (45) days prior to the renewal.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 773.5 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. Notwithstanding any provision of this act to the contrary,
this act does not apply to:
1. A service provided by a person pursuant to a franchise
issued by a political subdivision of the state or a license,
franchise, certificate, or other authorization issued by the
Oklahoma Corporation Commission;
2. A service provided by a person or an affiliate or subsidiary
thereof that is regulated by the Federal Communications Commission,
the Federal Energy Regulatory Commission, or the Oklahoma
Corporation Commission;
3. Any person or entity regulated by the Oklahoma Insurance
Department, or an affiliate of that person or entity;
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4. A bank or bank holding company that is licensed under state
or federal law, or a subsidiary or affiliate of such a bank or bank
holding company;
5. A credit union or other financial institution that is
licensed under state or federal law;
6. An air carrier as defined in and regulated under the Federal
Aviation Act of 1958, 49 U.S.C., Section 40101 et seq., as amended,
including the federal Airline Deregulation Act of 1978, 49 U.S.C.,
Section 41713, as amended;
7. Any newspaper qualified and authorized by Section 106 of
Title 25 of the Oklahoma Statutes to publish legal or public notices
under the laws of the State of Oklahoma; or
8. An entity regulated by the Oklahoma Department of Labor
under the Alarm, Locksmith, and Fire Sprinkler Industry Act.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 773.6 of Title 15, unless there
is created a duplication in numbering, reads as follows:
Any violation of this act shall constitute an unlawful business
practice and shall be subject to the provisions of the Oklahoma
Consumer Protection Act other than Section 761.1 of Title 15 of the
Oklahoma Statutes. Any violation of this act shall be enforceable
exclusively by the Attorney General and the district attorneys of
this state.
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SECTION 8. This act shall become effective April 1, 2027.
60-2-17551 MJ 04/23/26