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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 781 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to wages; creating the Oklahoma
7 Earned Wages Access Services Act; providing short
8 title; defining terms; allowing an earned wage access
8 services provider to provide certain services;
9 specifying the services allowed; requiring a provider
9 to follow certain provisions; prohibiting an earned
10 wage access services provider from providing certain
10 services; specifying prohibited actions; allowing for
11 certain exceptions; exempting certain services from
11 this act; providing for codification; and providing
12 an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 650 of Title 40, unless there is
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18 created a duplication in numbering, reads as follows:
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19 This act shall be known and may be cited as the "Oklahoma Earned
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20 Wages Access Services Act".
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21 SECTION 2. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 650.1 of Title 40, unless there
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23 is created a duplication in numbering, reads as follows:
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24 A. As used in this act:
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Req. No. 784 Page 1
1 1. "Consumer" means an individual who resides in Oklahoma;
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2 2. "Consumer-directed wage access service" means delivering to
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3 a consumer access to earned but unpaid income that is based on the
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4 consumer's representations and the provider's reasonable
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5 determination of the consumer's earned but unpaid income;
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6 3. "Earned but unpaid income" means salary, wages,
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7 compensation, or other income that a consumer or an employer has
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8 represented and that a provider has reasonably determined has been
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9 earned or accrued to the benefit of the consumer in exchange for the
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10 consumer's provision of services to the employer or on behalf of the
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11 employer including on an hourly, project-based, piecework, or other
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12 basis. Earned but unpaid income shall include income earned under
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13 circumstances in which the consumer is acting as an independent
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14 contractor of the employer but has not, at the time of the payment
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15 of proceeds, been paid by the employer;
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16 4. "Earned wage access services" means services providing
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17 consumer-directed wage access services or employer-integrated wage
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18 access services;
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19 5. "Earned wage access services provider" or "provider":
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20 a. means a person that is in the business of providing
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21 earned wage access services to consumers, and
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22 b. does not mean a service provider, such as a payroll
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23 service provider, whose role may include verifying the
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24 available earnings but is not contractually obligated
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1 to fund any proceeds delivered as part of an earned
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2 wage access service, or an employer that offers a
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3 portion of salary, wages, or compensation directly to
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4 its employees or independent contractors before the
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5 normally scheduled pay date;
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6 6. "Employer":
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7 a. means a person who employs a consumer, or any other
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8 person who is contractually obligated to pay a
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9 consumer in exchange for the consumer's provision of
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10 services to the employer or on behalf of the employer
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11 including on an hourly, project-based, piecework, or
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12 other basis and including circumstances in which the
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13 consumer is acting as an independent contractor with
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14 respect to the employer, and
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15 b. does not mean a customer of an employer, or any other
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16 person whose obligation to make a payment of salary,
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17 wages, compensation, or other income to a consumer is
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18 not based on the provision of services by that
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19 consumer for or on behalf of the person;
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20 7. "Employer-based integrated wage access services" means
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21 delivering to a consumer access to earned but unpaid income that is
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22 based on employment, income, or attendance data obtained directly or
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23 indirectly from an employer's payroll service provider;
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24 8. "Fee":
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1 a. means a fee imposed by a provider for delivery or
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2 expedited delivery of proceeds to a consumer, or a
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3 subscription or membership fee imposed by a provider
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4 for a bona fide group of services that includes earned
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5 wage access services, and
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6 b. does not mean a voluntary tip, gratuity, or other
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7 donation;
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8 9. "Proceeds" means a payment to a consumer by a provider that
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9 is based on earned but unpaid income; and
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10 10. "Outstanding proceeds" means proceeds remitted to a
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11 consumer by a provider that have not yet been repaid to the
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12 provider.
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13 SECTION 3. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 650.2 of Title 40, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. An earned wage access services provider shall:
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17 1. Develop and implement policies and procedures to respond to
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18 questions raised by consumers and address complaints from consumers
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19 in an expedient manner;
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20 2. When a consumer is offered the option to receive proceeds
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21 for a fee or solicits an optional tip, gratuity, or other donation,
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22 offer the consumer at least one reasonable option to obtain proceeds
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23 at no cost to the consumer and clearly explain how to elect the no-
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24 cost option;
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1 3. Before entering into an agreement with a consumer for the
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2 provision of earned wage access services, adhere to the following:
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3 a. inform the consumer of his or her rights under the
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4 agreement, and
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5 b. fully and clearly disclose all fees associated with
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6 the earned wage access services;
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7 4. Inform the consumer of any material changes to the terms and
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8 conditions of the earned wage access services before implementing
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9 those changes for that consumer;
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10 5. Allow the consumer to cancel use of the provider's earned
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11 wage access services at any time, without incurring a cancellation
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12 fee imposed by the provider;
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13 6. Comply with all applicable local, state, and federal privacy
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14 and information security laws;
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15 7. If a provider solicits charges or receives a tip, gratuity,
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16 or other donation from a consumer, disclose clearly and
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17 conspicuously to the consumer:
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18 a. immediately prior to each transaction that a tip,
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19 gratuity, or other donation amount may be zero and is
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20 voluntary, and
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21 b. in the provider service contract with the consumer and
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22 elsewhere that tips, gratuities, or other donations
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23 are voluntary and that the offering of earned wage
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24 access services, including the amount of proceeds a
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1 consumer is eligible to request and the frequency with
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2 which proceeds are provided to a consumer, is not
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3 contingent on whether the consumer pays, or on the
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4 size of any tips, gratuities, or other donations; and
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5 8. Provide proceeds to a consumer by any means mutually agreed
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6 upon by the consumer and the provider.
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7 B. If the provider seeks repayment of outstanding proceeds or
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8 payment of fees or other amounts owed, including voluntary tips,
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9 gratuities, or other donations, in connection with the activities
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10 covered by this act, from a consumer's account at a depository
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11 institution, including by means of electronic funds transfer, the
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12 provider shall:
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13 1. Comply with applicable provisions of the federal Electronic
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14 Fund Transfer Act and regulations adopted thereunder; and
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15 2. Reimburse the consumer for the full amount of any overdraft
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16 or insufficient funds or fees imposed on a consumer by the
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17 consumer's depository institution that were caused by the provider
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18 attempting to seek payment of any outstanding proceeds, fees, or
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19 other payments, in connection with the activities covered by this
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20 chapter, including voluntary tips, gratuities, or other donations,
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21 on a date before, or in an incorrect amount from, the date or amount
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22 disclosed to the consumer.
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1 C. Nothing in this act shall require a provider to be subject
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2 to payments of outstanding proceeds or fees, if they were incurred
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3 by a consumer through fraudulent or other unlawful means.
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4 SECTION 4. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 650.3 of Title 40, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. An earned wage access services provider shall not:
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8 1. Share with an employer a portion of any fees, voluntary
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9 tips, gratuities, or other donations that were received from or
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10 charged to a consumer for earned wage access services;
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11 2. Require a consumer's credit report or a credit score
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12 provided or issued by a consumer reporting agency to determine a
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13 consumer's eligibility for earned wage access services;
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14 3. Accept payment of outstanding proceeds, fees, voluntary
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15 tips, gratuities, or other donations from a consumer by means of
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16 credit card or charge card;
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17 4. Charge a consumer a late fee, deferral fee, interest, or any
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18 other penalty or charge for failure to pay outstanding proceeds,
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19 fees, voluntary tips, gratuities, or other donations;
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20 5. Report to a consumer reporting agency or debt collector any
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21 information about the consumer regarding the inability of the
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22 provider to be repaid outstanding proceeds, fees, voluntary tips,
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23 gratuities, or other donations;
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1 6. Compel or attempt to compel payment by a consumer of
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2 outstanding proceeds, fees, voluntary tips, gratuities, or other
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3 donations to the provider through any of the following:
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4 a. a suit against the consumer in a court of competent
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5 jurisdiction,
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6 b. use of a third party to pursue collection from the
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7 consumer on the provider's behalf, or
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8 c. sale of outstanding proceeds, fees, voluntary tips,
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9 gratuities, or other donations to a third-party
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10 collector or debt buyer for collection from a
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11 consumer; and
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12 7. Mislead or deceive a consumer about the voluntary nature of
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13 the tips, gratuities, or donations or represent that they will
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14 benefit any specific individuals or group of individuals.
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15 B. The limitations set forth in this section do not preclude
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16 the use by a provider of any of the methods specified in paragraph 6
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17 of subsection A of this section to compel payment of outstanding
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18 proceeds or fees incurred by a consumer through fraudulent or
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19 unlawful means; nor do they preclude a provider from pursuing an
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20 employer for breach of its contractual obligations to the provider.
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21 C. A provider may use the mailing address or state of residence
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22 provided to it by a person or that person's employer to determine
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23 the person's state of residence for purposes of this act.
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1 SECTION 5. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 650.4 of Title 40, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. This act shall not apply to any person doing business under
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5 the authority of any law of this state or of the United States
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6 relating to banks, savings institutions, trust companies, building
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7 and loan associations, industrial loan associations, or credit
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8 unions.
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9 B. Notwithstanding any other provision of law, earned wage
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10 access services offered and provided by an earned wage access
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11 services provider in accordance with this act shall not be
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12 considered:
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13 1. In violation of or noncompliance with any law governing
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14 deductions from payroll, salary, wages, compensation, or other
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15 income or the purchase, sale, or assignment of, or an order for,
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16 earned but unpaid income;
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17 2. A loan or other form of credit or debt; nor shall the
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18 provider be considered a creditor, debt collector, or lender with
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19 respect thereto; or
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20 3. A money transmission; nor shall the provider be considered a
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21 money transmitter with respect thereto.
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22 C. Notwithstanding any other provision of law, fees, voluntary
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23 tips, gratuities, or other donations paid in accordance with this
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1 act to a provider shall not be considered interest or finance
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2 charges.
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3 SECTION 6. This act shall become effective November 1, 2025.
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Req. No. 784 Page 10Every fact on this page links to its source, starting with the official bill record.