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 2077 By: Frix
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6 AS INTRODUCED
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7 An Act relating to credit cards; amending 14A O.S.
7 2021, Section 2-211, as amended by Section 1, Chapter
8 410, O.S.L. 2025 (14A O.S. Supp. 2025, Section 2-
8 211), which relates to discounts inducing payment by
9 cash, check, or similar means; increasing certain
9 surcharge limit; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 14A O.S. 2021, Section 2-211, as
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14 amended by Section 1, Chapter 410, O.S.L. 2025 (14A O.S. Supp. 2025,
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15 Section 2-211), is amended to read as follows:
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16 Section 2-211. A. With respect to all sales, service, and
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17 lease transactions including, but not limited to, any consumer
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18 credit sales transaction, a discount which a seller offers, allows,
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19 or otherwise makes available for the purpose of inducing payment by
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20 cash, check, debit card, or similar means rather than by use of a
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21 credit card shall not constitute a credit service charge as
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22 determined under Section 2-109 of this title if the discount is
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23 offered to all prospective buyers clearly and conspicuously in
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24 accordance with regulations of the Administrator of Consumer Credit.
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Req. No. 3228 Page 1
1 There shall be no limit on the discount that may be offered by the
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2 seller. Pursuant to the regulations of the Administrator, a seller
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3 who provides a discount not in accordance with regulations shall
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4 disclose such information to the Administrator.
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5 B. No seller may impose a surcharge on a cardholder who elects
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6 to pay using a credit card instead of paying by cash, check, debit
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7 card, or similar means unless the seller complies with the following
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8 requirements:
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9 1. Notice displaying the amount of the surcharge applicable
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10 shall be clearly and conspicuously posted at the point of entry and
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11 the point of sale for in-person transactions and the home page and
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12 the point-of-sale webpage for online transactions. Notice,
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13 including all required information, shall be verbally disclosed to
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14 the customer for transactions processed over the phone; and
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15 2. No surcharge shall exceed two percent (2%) four percent (4%)
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16 of the total transaction or the actual amount to be charged to the
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17 person or retailer to process the credit card transaction, whichever
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18 is less. A customer shall not be considered to have chosen to use a
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19 credit card as a method of payment under this section if, at the
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20 time of the transaction, the person or retailer accepts only credit
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21 cards as payment.
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22 C. A seller who is registered with the United States Department
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23 of the Treasury as a money transmitter pursuant to 31 C.F.R.,
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24 Section 103.41, and who provides an electronic funds transmission
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Req. No. 3228 Page 2
1 service, including service by telephone and the Internet, may charge
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2 a different price for a funds transmission service based on the mode
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3 of transmission used in the transaction without violating this
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4 section so long as the price charged for a service paid for with an
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5 open-end credit card or debit card account is not greater than the
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6 price charged for such service if paid for with currency or other
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7 similar means accepted within the same mode of transmission.
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8 D. Any seller subject to the provisions of subsection C of this
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9 section shall either conduct business at a location in this state or
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10 comply with the provisions of Section 1022 of Title 18 of the
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11 Oklahoma Statutes.
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12 E. As used in this section:
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13 1. "Credit card" means any instrument or device, whether known
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14 as a credit card, credit plate, charge card, or by any other name,
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15 issued with or without fee by an issuer for the use of the
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16 cardholder in money, goods or services, or anything of value on
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17 credit;
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18 2. "Seller" means any person, entity, or retailer doing
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19 business in this state in any sales, service, or lease transaction
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20 including, but not limited to, any consumer credit sales
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21 transaction; and
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22 3. "Surcharge" means any additional amount imposed by a person,
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23 entity, or retailer at the time of a credit card transaction that
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Req. No. 3228 Page 3
1 increases the amount of the transaction for the use of a credit card
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2 as payment.
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3 F. For purposes of this section, a private educational
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4 institution as defined in paragraph (e) of Section 3102 of Title 70
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5 of the Oklahoma Statutes, a private school defined as a nonpublic
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6 entity conducting an educational program for at least one grade
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7 between prekindergarten through twelve, a municipality as defined in
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8 paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes or
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9 a public trust with a municipality as its beneficiary may charge a
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10 service fee. The service fee shall be limited to bank processing
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11 fees and financial transaction fees, the cost of providing for
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12 secure transaction, portal fees, and fees necessary to compensate
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13 for increased bandwidth incurred as a result of providing the
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14 transaction.
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15 SECTION 2. This act shall become effective November 1, 2026.
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17 60-2-3228 CAD 1/15/2026 11:53:13 AM
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Req. No. 3228 Page 4Every fact on this page links to its source, starting with the official bill record.