Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1469 By: Coleman
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6 AS INTRODUCED
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7 An Act related to wages; creating the Oklahoma Earned
7 Wage Access Services Act; providing short title;
8 defining terms; requiring the Department of Consumer
8 Credit to administer and enforce act; requiring
9 license to provide certain services; providing for
9 promulgation of rules; requiring license application
10 to Administrator of the Department of Consumer
10 Credit; directing the Department of Consumer Credit
11 to administer certain database; requiring earned wage
11 access services providers to report certain
12 transactions within certain period; requiring payment
12 of filing, license, and supervision fees;
13 establishing duties of earned wage access provider;
13 providing exceptions; prohibiting certain actions by
14 earned wage access services provider; providing
14 exceptions; clarifying applicability of act;
15 providing for codification; and providing an
15 effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 6-601 of Title 14A, unless there
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21 is created a duplication in numbering, reads as follows:
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22 This act shall be known and may be cited as the "Oklahoma Earned
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23 Wage Access Services Act".
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1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 6-602 of Title 14A, unless there
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3 is created a duplication in numbering, reads as follows:
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4 As used in this act:
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5 1. "Consumer" means an individual who resides in this state;
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6 2. "Consumer-directed wage access service" means delivering to
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7 a consumer access to earned but unpaid income that is based on the
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8 consumer's representations and the provider's reasonable
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9 determination of the consumer's earned but unpaid income;
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10 3. "Earned but unpaid income" means salary, wages,
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11 compensation, or other income that a consumer or an employer has
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12 represented and that a provider has reasonably determined to have
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13 been earned or accrued to the benefit of the consumer in exchange
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14 for the consumer's provision of services to the employer or on
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15 behalf of the employer including on an hourly, project-based,
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16 piecework, or other basis. Earned but unpaid income shall include
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17 income earned under circumstances in which the consumer is acting as
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18 an independent contractor of the employer but has not, at the time
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19 of the payment of proceeds, been paid by the employer;
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20 4. "Earned wage access services" means services providing
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21 consumer-directed wage access services or employer-based integrated
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22 wage access services;
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23 5. "Earned wage access services provider" or "provider" means a
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24 person that is in the business of providing earned wage access
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1 services to consumers. The term does not mean a service provider,
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2 such as a payroll service provider, whose role may include verifying
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3 the available earnings but is not contractually obligated to fund
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4 any proceeds delivered as part of an earned wage access service, or
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5 an employee that offers a portion of salary, wages, or compensation
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6 directly to its employees or independent contractors before the
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7 normally scheduled pay date;
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8 6. "Employer" means a person who employs a consumer, or any
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9 other person who is contractually obligated to pay a consumer in
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10 exchange for the consumer's provision of services to the employer or
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11 on behalf of the employer including on an hourly, project-based,
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12 piecework, or other basis, and including circumstances in which the
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13 consumer is acting as an independent contractor with respect to the
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14 employer. The term does not mean a customer of an employer, or any
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15 other person whose obligation to make a payment of salary, wages,
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16 compensation, or other income to a consumer is not based on the
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17 provision of services by that consumer for or on behalf of the
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18 person;
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19 7. "Employer-based integrated wage access services" means
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20 delivering to a consumer access to earned but unpaid income that is
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21 based on employment, income, or attendance data obtained directly or
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22 indirectly from an employer's payroll service provider;
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23 8. "Fee" means an amount imposed by a provider for delivery or
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24 expedited delivery of proceeds to a consumer, or a subscription or
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1 membership fee imposed by a provider for a bona fide group of
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2 services that include earned wage access services. The term does
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3 not mean a voluntary tip, gratuity, or other donation;
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4 9. "Outstanding proceeds" means proceeds remitted to a consumer
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5 by a provider that have not yet been repaid to the provider; and
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6 10. "Proceeds" means a payment to a consumer by a provider that
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7 is based on earned but unpaid income.
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8 SECTION 3. NEW LAW A new section of law to be codified
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9 in the Oklahoma Statutes as Section 6-603 of Title 14A, unless there
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10 is created a duplication in numbering, reads as follows:
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11 A. The Department of Consumer Credit shall administer and
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12 enforce the provisions of the Oklahoma Earned Wage Access Services
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13 Act. The Commission on Consumer Credit is authorized to promulgate
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14 rules necessary to implement, interpret, and enforce this act.
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15 B. No person shall engage in the business of providing earned
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16 wage access services to a consumer in this state without first
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17 obtaining a license from the Administrator of Consumer Credit.
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18 SECTION 4. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 6-604 of Title 14A, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. The Department of Consumer Credit shall administer a
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22 database of consumers with outstanding proceeds owed to an earned
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23 wage access services provider. The database shall contain
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24 information including, but not limited to, the name of the consumer,
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1 the consumer's address, the name of the earned wage access services
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2 provider providing proceeds to the consumer by an earned wage access
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3 services provider, and the outstanding proceeds owed to the earned
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4 wage access services provider.
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5 B. Earned wage access services providers shall report to the
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6 Department all consumer-directed earned wage access service
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7 transactions entered into with consumers within twenty-four (24)
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8 hours of providing proceeds to a consumer. Earned wage access
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9 services providers shall report to the Department all payments made
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10 toward outstanding proceeds owed by a consumer and the current
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11 amount of outstanding proceeds owed by the consumer within twenty-
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12 four (24) hours of receiving a payment by the consumer.
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13 SECTION 5. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 6-605 of Title 14A, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. An applicant for an earned wage access services provider
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17 license shall file an application with the Administrator of the
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18 Department of Consumer Credit on a form prescribed by the Department
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19 and shall pay a filing fee of Seven Hundred Dollars ($700.00), a
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20 license fee of Five Hundred Dollars ($500.00) and a supervision fee
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21 of Seven Hundred Dollars ($700.00). In the event of a denial of the
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22 application, the license and supervision fees shall be returned to
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23 the applicant.
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1 B. A license shall be renewed annually upon payment of a
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2 renewal fee not to exceed Seven Hundred Dollars ($700.00) and
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3 submission of required reporting.
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4 C. A license issued under this act shall be nontransferable.
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5 SECTION 6. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 6-606 of Title 14A, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A. An earned wage access services provider shall:
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9 1. Develop and implement policies and procedures to respond to
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10 questions raised by consumers and address complaints from consumers
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11 in an expedient manner;
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12 2. When a consumer is offered the option to receive proceeds
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13 for a fee or solicits an optional tip, gratuity, or other donation,
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14 offer the consumer at least one reasonable option to obtain proceeds
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15 at no cost to the consumer and clearly explain how to elect the no-
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16 cost option;
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17 3. Before entering into an agreement with a consumer for the
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18 provision of earned wage access services:
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19 a. inform the consumer of his or her rights under the
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20 agreement,
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21 b. fully and clearly disclose all fees associated with
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22 the earned wage access services, and
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23 c. if entering into a consumer-directed earned wage
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24 access services transaction, not enter into an
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1 agreement which would cause the consumer to exceed One
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2 Thousand Dollars ($1,000.00) in outstanding consumer-
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3 directed earned wage access services transactions.
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4 The provider shall verify outstanding proceeds by
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5 using a real-time verification system approved by the
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6 Administrator. To comply with the verification
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7 required under this act, the provider shall be charged
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8 a fee by the real-time verification system provider
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9 for each transaction not to exceed fifty cents
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10 ($0.50). The real-time verification fee may be passed
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11 on to the consumer;
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12 4. Inform the consumer of any material changes to the terms and
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13 conditions of the earned wage access services before implementing
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14 those changes for that consumer;
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15 5. Allow the consumer to cancel use of the provider's earned
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16 wage access services at any time, without incurring a cancellation
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17 fee imposed by the provider;
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18 6. Comply with all applicable local, state, and federal privacy
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19 and information security laws;
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20 7. If soliciting charges or receiving a tip, gratuity, or other
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21 donation from a consumer, disclose clearly and conspicuously:
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22 a. immediately prior to each transaction that a tip,
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23 gratuity, or other donation amount may be zero and is
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24 voluntary, and
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1 b. in the provider service contract with the consumer,
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2 that tips, gratuities, or other donations are
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3 voluntary and that the offering of earned wage access
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4 services, including the amount of proceeds a consumer
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5 is eligible to request and the frequency with which
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6 proceeds are provided to a consumer, is not contingent
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7 on whether the consumer pays, or on the size of any
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8 tips, gratuities, or other donations; and
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9 8. Provide proceeds to a consumer by any means mutually agreed
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10 upon by the consumer and the provider.
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11 B. If the provider seeks repayment of outstanding proceeds or
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12 payment of fees or other amounts owed, including voluntary tips,
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13 gratuities, or other donations, in connection with the activities
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14 covered by this act, from a consumer's account at a depository
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15 institution, including by means of electronic funds transfer, the
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16 provider shall:
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17 1. Comply with applicable provisions of the federal Electronic
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18 Fund Transfer Act and regulations adopted pursuant to such Act; and
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19 2. Reimburse the consumer for the full amount of any overdraft
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20 or insufficient funds fees imposed on the consumer by the consumer's
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21 depository institution that were caused by the provider attempting
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22 to seek payment of any outstanding proceeds, fees, or other
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23 payments, in connection with the activities covered by this act,
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24 including voluntary tips, gratuities, or other donations, on a date
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1 before, or in an incorrect amount from, the date or amount disclosed
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2 to the consumer.
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3 C. Nothing in this act shall require a provider to be subject
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4 to payments of outstanding proceeds or fees, if they were incurred
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5 by a consumer through fraudulent or other unlawful means.
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6 SECTION 7. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 6-607 of Title 14A, unless there
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8 is created a duplication in numbering, reads as follows:
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9 A. An earned wage access services provider shall not:
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10 1. Share with an employer a portion of any fees, voluntary
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11 tips, gratuities, or other donations that were received from or
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12 charged to a consumer for earned wage access services;
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13 2. Require a consumer's credit report or a credit score
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14 provided or issued by a consumer reporting agency to determine a
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15 consumer's eligibility for earned wage access services;
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16 3. Accept payment of outstanding proceeds, fees, voluntary
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17 tips, gratuities, or other donations from a consumer by means of
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18 credit card or charge card;
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19 4. Charge a consumer a late fee, deferral fee, interest, or any
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20 other penalty or charge for failure to pay outstanding proceeds,
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21 fees, voluntary tips, gratuities, or other donations;
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22 5. Report to a consumer reporting agency or debt collector any
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23 information about the consumer regarding the inability of the
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1 provider to be repaid outstanding proceeds, fees, voluntary tips,
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2 gratuities, or other donations;
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3 6. Compel or attempt to compel payment by a consumer of
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4 outstanding proceeds, fees, voluntary tips, gratuities, or other
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5 donations to the provider through any of the following:
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6 a. an action against the consumer in a court of competent
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7 jurisdiction,
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8 b. use of a third party to pursue collection from the
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9 consumer on the provider's behalf, or
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10 c. sale of outstanding proceeds, fees, voluntary tips,
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11 gratuities, or other donations to a third-party
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12 collector or debt buyer for collection from a
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13 consumer; or
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14 7. Mislead or deceive a consumer about the voluntary nature of
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15 the tips, gratuities, or donations or represent that they will
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16 benefit any specific individuals or group of individuals.
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17 B. The limitations set forth in this section do not preclude
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18 the use by a provider of any of the methods specified in paragraph 6
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19 of subsection A of this section to compel payment of outstanding
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20 proceeds or fees incurred by a consumer through fraudulent or
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21 unlawful means; nor do they preclude a provider from pursuing an
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22 employer for breach of its contractual obligations to the provider.
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1 C. A provider may use the mailing address or state of residence
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2 provided to it by a person or that person's employer to determine
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3 the person's state of residence for purposes of this act.
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4 SECTION 8. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 6-608 of Title 14A, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. This act shall not apply to any person doing business under
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8 the authority of any law of this state or of the United States
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9 relating to banks, savings institutions, trust companies, building
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10 and loan associations, industrial loan associations, or credit
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11 unions.
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12 B. Notwithstanding any other provision of law, earned wage
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13 access services offered and provided by an earned wage access
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14 services provider in accordance with this act shall not be
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15 considered:
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16 1. In violation of or noncompliance with any law governing
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17 deductions from payroll, salary, wages, compensation, or other
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18 income or the purchase, sale, or assignment of, or an order for,
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19 earned but unpaid income;
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20 2. A loan or other form of credit or debt; nor shall the
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21 provider be considered a creditor, debt collector, or lender with
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22 respect thereto; or
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23 3. A money transmission; nor shall the provider be considered a
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24 money transmitter with respect thereto.
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1 C. Notwithstanding any other provision of law, fees, voluntary
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2 tips, gratuities, or other donations paid in accordance with this
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3 act to a provider shall not be considered interest or finance
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4 charges.
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5 SECTION 9. This act shall become effective November 1, 2026.
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Req. No. 2640 Page 12Every fact on this page links to its source, starting with the official bill record.