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An Act
ENROLLED SENATE
BILL NO. 677 By: Kern, Bullard, and Frix of
the Senate
and
Gise of the House
An Act relating to sales transactions; amending 14A
O.S. 2021, Section 2-211, which relates to discounts
inducing payment by cash, check, or similar means;
increasing options for discount; authorizing no limit
on amount of discount; requiring certain disclosure
for sellers offering certain discount; clarifying use
of surcharges; requiring certain notice for
surcharges; limiting amount of surcharge; updating
language; defining credit card; defining seller;
defining surcharge; repealing 14A O.S. 2021, Section
2-417, which relates to surcharge for use of credit
card or debit card; and providing an effective date.
SUBJECT: Sales transactions
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 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 an
open-end a 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 Credit. There shall be no limit on the discount
ENR. S. B. NO. 677 Page 2
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 in any sales transaction may impose a surcharge on
a cardholder who elects an open-end to pay using a credit card or
debit card account 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%) 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.
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. C. A seller who is registered with the United States
Treasury Department of the Treasury as a money transmitter pursuant
to 31 CFR 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.
ENR. S. B. NO. 677 Page 3
C. D. Any seller subject to the provisions of subsection B 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.
D. E. As used in this section, "debit card":
1. "Credit card" means any instrument or device, whether known
as a debit 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 depositing, obtaining or transferring funds from a
consumer banking electronic facility 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.
E. 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 for an
online the transaction.
SECTION 2. REPEALER 14A O.S. 2021, Section 2-417, is
hereby repealed.
SECTION 3. This act shall become effective November 1, 2025.
ENR. S. B. NO. 677 Page 4
Passed the Senate the 20th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________