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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 2971 By: Hays
AS INTRODUCED
An Act relating to sales transactions; amending 14A
O.S. 2021, Section 2-211, as amended by Section 1,
Chapter 410, O.S.L. 2025 (14A O.S. Supp. 2025,
Section 2-211), which relates to discounts inducing
payment by cash, check, or similar means; increasing
permissible surcharge amount; changing retailer to
seller for clarity; limiting permissible service fee
amount charged by private educational institutions
and municipalities; defining actual processing costs;
requiring maintenance of documentation of actual
processing cost; authorizing Attorney General and
State Auditor and Inspector to conduct compliance
review; 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, as
amended by Section 1, Chapter 410, O.S.L. 2025 (14A O.S. Supp. 2025,
Section 2-211), is amended to read as follows:
Section 2-211. A. With respect to all sales, service, and
lease transactions including, but not limited to, any consumer
credit sales transaction, a discount which a seller offers, allows,
or otherwise makes available for the purpose of inducing payment by
cash, check, debit card, or similar means rather than by use of a
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credit card 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 Credit.
There shall be no limit on the discount that may be offered by the
seller. Pursuant to the regulations of the Administrator, a seller
who provides a discount not in accordance with regulations shall
disclose such information to the Administrator.
B. No seller may impose a surcharge on a cardholder who elects
to pay using a credit card instead of paying by cash, check, debit
card, or similar means unless the seller complies with the following
requirements:
1. Notice displaying the amount of the surcharge applicable
shall be clearly and conspicuously posted at the point of entry and
the point of sale for in-person transactions and the home page and
the point-of-sale webpage for online transactions. Notice,
including all required information, shall be verbally disclosed to
the customer for transactions processed over the phone; and
2. No surcharge shall exceed two percent (2%) four and one-half
percent (4.5%) of the total transaction or the actual amount to be
charged to the person or retailer seller to process the credit card
transaction, whichever is less. A customer shall not be considered
to have chosen to use a credit card as a method of payment under
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this section if, at the time of the transaction, the person or
retailer seller accepts only credit cards as payment.
C. A seller who is registered with the United States Department
of the Treasury as a money transmitter pursuant to 31 C.F.R.,
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.
D. Any seller subject to the provisions of subsection C 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.
E. As used in this section:
1. "Credit card" means any instrument or device, whether known
as a credit card, credit plate, charge card, or by any other name,
issued with or without fee by an issuer for the use of the
cardholder in money, goods or services, or anything of value on
credit;
2. "Seller" means any person, entity, or retailer doing
business in this state in any sales, service, or lease transaction
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including, but not limited to, any consumer credit sales
transaction; and
3. "Surcharge" means any additional amount imposed by a person,
entity, or retailer at the time of a credit card transaction that
increases the amount of the transaction for the use of a credit card
as payment.
F. 1. 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 on a cardholder who elects to pay using a credit card
instead of paying by cash, check, debit, or similar means. 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 the transaction not
exceed four and one-half percent (4.5%) of the total transaction or
the actual amount to be charged in actual processing costs,
whichever is less.
2. As used in this subsection, "actual processing costs" means
verifiable transaction-specific fees directly imposed by a payment
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card network, issuing bank, acquiring bank, or contracted payment
processor. Actual processing costs shall not include general
overhead, personnel costs, unrelated technology expenses, or revenue
enhancing markups.
3. Any entity charging a service fee pursuant to this
subsection shall maintain documentation for at least two (2) years
supporting the calculation of actual processing costs and make such
documentation available upon request to the Attorney General or
State Auditor and Inspector for compliance review.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14161 AQH 12/31/25