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ENGROSSED SENATE
BILL NO. 2132 By: Kern and Frix of the Senate
and
Gise of the House
An Act relating to credit cards; 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 certain
surcharge limit; 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
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
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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%) three percent
(3%) of the total transaction or the actual amount to be charged to
the person or retailer 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 this
section if, at the time of the transaction, the person or retailer
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
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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
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.
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F. 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 the
transaction.
SECTION 2. This act shall become effective November 1, 2026.
Passed the Senate the 18th day of February, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives