means. 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 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%) 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 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. 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. Added by Laws 1977, c. 135, § 1, emerg. eff. June 3, 1977. Amended by Laws 1982, c. 335, § 12, operative June 1, 1982; Laws 2005, c. 126, § 1, eff. Nov. 1, 2005; Laws 2010, c. 69, § 1, eff. Nov. 1, 2010; Laws 2012, c. 221, § 1; Laws 2015, c. 319, § 2, eff. Nov. 1, 2015; Laws 2017, c. 31, § 1, eff. Nov. 1, 2017; Laws 2025, c. 410, § 1, eff. Nov. 1, 2025.
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