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SENATE FLOOR VERSION - SB1469 SFLR Page 1
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SENATE FLOOR VERSION
February 24, 2026
AS AMENDED
SENATE BILL NO. 1469 By: Coleman
[ wages - license - rules - application - database -
transactions - fees - earned wage access provider -
applicability - codification - 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 6-601 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma Earned
Wage Access Services Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-602 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Consumer” means an individual who resides in this state;
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;
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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 to have
been earned or accrued to the benefit of the 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. 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-based integrated
wage access services;
5. “Earned wage access services provider” or “provider” means a
person that is in the business of providing earned wage access
services to consumers. The term does not mean a service provider,
such as a payroll service provider, whose role may include verifying
the available earnings but is not contractually obligated to fund
any proceeds delivered as part of an earned wage access service, or
an employee that offers a portion of salary, wages, or compensation
directly to its employees or independent contractors before the
normally scheduled pay date;
6. “Employer” means a person who employs a consumer, or any
other person who is contractually obligated to pay a consumer in
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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. The term 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 income that is
based on employment, income, or attendance data obtained directly or
indirectly from an employer’s payroll service provider;
8. “Fee” means an amount imposed by a provider 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 earned wage access services. The term does
not mean a voluntary tip, gratuity, or other donation;
9. “Outstanding proceeds” means proceeds remitted to a consumer
by a provider that have not yet been repaid to the provider; and
10. “Proceeds” means a payment to a consumer by a provider that
is based on earned but unpaid income.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-603 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
A. The Department of Consumer Credit shall administer and
enforce the provisions of the Oklahoma Earned Wage Access Services
Act. The Commission on Consumer Credit is authorized to promulgate
rules necessary to implement, interpret, and enforce this act.
B. No person shall engage in the business of providing earned
wage access services to a consumer in this state without first
obtaining a license from the Administrator of Consumer Credit.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-604 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
A. The Department of Consumer Credit shall administer a
database of consumers with outstanding proceeds owed to an earned
wage access services provider. The database shall contain
information including, but not limited to, the name of the consumer,
the consumer’s address, the name of the earned wage access services
provider providing proceeds to the consumer by an earned wage access
services provider, and the outstanding proceeds owed to the earned
wage access services provider.
B. Earned wage access services providers shall report to the
Department all consumer-directed earned wage access service
transactions entered into with consumers within twenty-four (24)
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hours of providing proceeds to a consumer. Earned wage access
services providers shall report to the Department all payments made
toward outstanding proceeds owed by a consumer and the current
amount of outstanding proceeds owed by the consumer within twenty-
four (24) hours of receiving a payment by the consumer.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-605 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
A. An applicant for an earned wage access services provider
license shall file an application with the Administrator of the
Department of Consumer Credit on a form prescribed by the Department
and shall pay a filing fee of Seven Hundred Dollars ($700.00), a
license fee of Five Hundred Dollars ($500.00) and a supervision fee
of Seven Hundred Dollars ($700.00). In the event of a denial of the
application, the license and supervision fees shall be returned to
the applicant.
B. A license shall be renewed annually upon payment of a
renewal fee not to exceed Seven Hundred Dollars ($700.00) and
submission of required reporting.
C. A license issued under this act shall be nontransferable.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-606 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
A. An earned wage access services provider shall:
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1. Develop and implement policies and procedures to respond to
questions raised by consumers 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, gratuity, 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;
3. Before entering into an agreement with a consumer for the
provision of earned wage access services:
a. inform the consumer of his or her rights under the
agreement,
b. fully and clearly disclose all fees associated with
the earned wage access services, and
c. if entering into a consumer-directed earned wage
access services transaction, not enter into an
agreement which would cause the consumer to exceed One
Thousand Dollars ($1,000.00) in outstanding consumer-
directed earned wage access services transactions.
The provider shall verify outstanding proceeds by
using a real-time verification system approved by the
Administrator. To comply with the verification
required under this act, the provider shall be charged
a fee by the real-time verification system provider
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for each transaction not to exceed fifty cents
($0.50). The real-time verification fee may be passed
on to the consumer;
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 soliciting charges or receiving a tip, gratuity, or other
donation from a consumer, disclose clearly and conspicuously:
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,
that tips, gratuities, or other donations are
voluntary and that the offering of earned wage access
services, including the amount of proceeds a 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
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8. Provide proceeds to a consumer by any means mutually agreed
upon by the consumer and the provider.
B. If the provider seeks repayment of outstanding proceeds or
payment of fees or other amounts owed, including voluntary 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 funds transfer, the
provider shall:
1. Comply with applicable provisions of the federal Electronic
Fund Transfer Act and regulations adopted pursuant to such Act; and
2. Reimburse the consumer for the full amount of any overdraft
or insufficient funds fees imposed on the consumer by the consumer’s
depository institution that were caused by the provider attempting
to seek payment of any outstanding proceeds, fees, or other
payments, in connection with the activities covered by this act,
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.
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 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-607 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
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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 consumer 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 outstanding proceeds, fees, voluntary tips,
gratuities, or other donations;
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. an action 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
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c. sale of outstanding proceeds, fees, voluntary tips,
gratuities, or other donations to a third-party
collector or debt buyer for collection from a
consumer; or
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 outstanding
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 residence
provided to it by a person or that person’s employer to determine
the person’s state of residence for purposes of this act.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-608 of Title 14A, 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 companies, building
and loan associations, industrial loan associations, or credit
unions.
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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 governing
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 paid in accordance with this
act to a provider shall not be considered interest or finance
charges.
SECTION 9. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON ECONOMIC DEVELOPMENT, WORKFORCE
AND TOURISM
February 24, 2026 - DO PASS AS AMENDED