A. With respect to all sales transactions, a discount which a seller offers, allows or otherwise makes available for the purpose of inducing payment by cash, check or similar means rather than by use of an open-end 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. No seller in any sales transaction may impose a surcharge on a cardholder who elects an open-end credit card or debit card account instead of paying by cash, check or similar means. 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. A seller who is registered with the United States Treasury Department as a money transmitter pursuant to 31 CFR, 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.
C. Any seller subject to the provisions of subsection B 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. As used in this section, "debit card" means any instrument or device, whether known as a debit 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.
E. 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 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.
Structure Oklahoma Statutes
Title 14A. Consumer Credit Code
§14A-1-102. Purposes - Rules of construction.
§14A-1-103. Supplementary general principles of law applicable.
§14A-1-104. Construction against implicit repeal.
§14A-1-106. Change in dollar amount used in certain sections.
§14A-1-107. Waiver - Agreement to forego rights - Settlement of claims.
§14A-1-108. Effect of act on powers of organizations.
§14A-1-109. Discrimination in extension of credit on basis of sex or marital status prohibited.
§14A-1-110. Use of cash discounts.
§14A-1-111. Location of amendments.
§14A-1-201. Territorial application.
§14A-1-201A. Extraterritorial application.
§14A-1-301. General definitions.
§14A-1-302. Definition: "Federal Consumer Credit Protection Act".
§14A-1-303. Index of definitions in act.
§14A-2-103. Definitions in article.
§14A-2-104. Definition: "Consumer credit sale".
§14A-2-106. Definition: "Consumer lease".
§14A-2-107. Definition: "Seller".
§14A-2-108. Definition: "Revolving charge account".
§14A-2-109. Definition: "Credit service charge".
§14A-2-110. Definition: "Cash price".
§14A-2-111. Definition: "Amount financed".
§14A-2-112. Sale of motor vehicles - Taking security in other vehicles.
§14A-2-201. Credit service charge for consumer credit sales other than revolving charge accounts.
§14A-2-202. Additional charges.
§14A-2-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - fee.
§14A-2-202.2. Over-the-limit charge.
§14A-2-203. Delinquency charges.
§14A-2-205. Credit service charge on refinancing.
§14A-2-206. Credit service charge on consolidation.
§14A-2-207. Credit service charge for revolving charge accounts.
§14A-2-208. Advances to perform covenants of buyer.
§14A-2-210. Rebate upon prepayment.
§14A-2-211. Discounts inducing payment by cash, check or similar means.
§14A-2-301. Applicability - Information required.
§14A-2-301.1. Federal Consumer Credit Protection Act disclosure.
§14A-2-304. Calculation of rate to be disclosed.
§14A-2-305. Sales made by telephone or mail.
§14A-2-306. Consumer credit sales not pursuant to revolving charge account.
§14A-2-309. Estimates of disclosures.
§14A-2-310. Revolving charge accounts.
§14A-2-310.1. Disclosure in credit and charge card applications and solicitation.
§14A-2-402. Use of multiple agreements.
§14A-2-403. Certain negotiable instruments prohibited.
§14A-2-404. When assignee not subject to defense.
§14A-2-406. Restriction on liability in consumer lease.
§14A-2-407. Security in sales or leases.
§14A-2-409. Debt secured by cross-collateral.
§14A-2-410. No assignment of earnings.
§14A-2-412. Notice of assignment.
§14A-2-414. Limitation on default charges.
§14A-2-415. Authorization to confess judgment prohibited.
§14A-2-416. Change in terms of revolving charge accounts.
§14A-2-417. Surcharge for use of credit or debit card.
§14A-2-501. Definition: "Home solicitation sale".
§14A-2-502. Buyer's right to cancel.
§14A-2-503. Form of agreement or offer - Statement of buyer's rights.
§14A-2-504. Restoration of down payment - Retention of cancellation fee.
§14A-2-505. Duty of buyer - No compensation for services prior to cancellation.
§14A-2-601. Sales subject to act by agreement of parties.
§14A-2-605. Credit service charge for other sales.
§14A-3-103. Definitions in artlcle.
§14A-3-104. Definition: "Consumer Loan".
§14A-3-105. Definition: "Loan primarily secured by an interest in land".
§14A-3-106. Definition: "Loan".
§14A-3-107. Definitions: "Lender"; "Precomputed"; "Principal".
§14A-3-108. Definition: "Revolving loan account".
§14A-3-109. Definition: "Loan finance charge".
§14A-3-201. Loan finance charge for consumer loans other than supervised loans.
§14A-3-202. Additional charges.
§14A-3-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - Fee.
§14A-3-203. Delinquency charges.
§14A-3-203.1. Credit to finance medical goods and services - Contract for delinquency charges.
§14A-3-203.2. Revolving loan credit card accounts - Additional charges.
§14A-3-205. Loan finance charge on refinancing.
§14A-3-206. Loan finance charge on consolidation.
§14A-3-207. Conversion to revolving loan account.
§14A-3-208. Advances to perform covenants of debtor.
§14A-3-210. Revolving charge accounts.
§14A-3-301. Applicability - Information required.
§14A-3-301.1. Federal Consumer Credit Protection Act disclosure.
§14A-3-302.1. Disclosure of fee for dishonored check, negotiable order of withdrawal or share draft.
§14A-3-302.2. Disclosure of over-the-limit fees.
§14A-3-304. Calculation of rate to be disclosed.
§14A-3-305. Loans made by telephone or mail.
§14A-3-306. Consumer loans not pursuant to revolving loan account.
§14A-3-309. Revolving loan accounts.
§14A-3-309.1. Disclosure in credit and charge card applications and solicitation.
§14A-3-309.4. Additional disclosures for subsection 10 mortgages.
§14A-3-309.5. Additional disclosures for reverse mortgages.
§14A-3-310. Estimates of disclosures.
§14A-3-313. Notification to borrower of transfer of residential mortgage loan.
§14A-3-403. No assignment of earnings.
§14A-3-405. Limitation on default charges.
§14A-3-406. Notice of assignment.
§14A-3-407. Authorization to confess judgment prohibited.
§14A-3-408. Change in terms of revolving loan accounts.
§14A-3-409. Use of multiple agreements.
§14A-3-410. Subsection 10 mortgages – Limitations and restrictions - Preemption.
§14A-3-411. Refinancing loan to subsection 10 mortgage – Borrower’s interest.
§14A-3-501. Definitions: "Supervised loan"; "Supervised lender".
§14A-3-502. Authority to make supervised loans - Administrative actions against unlicensed persons.
§14A-3-504. Issuance or denial of license to make supervised loans.
§14A-3-505. Hearing examiner - Powers - Reinstatement - Certain disclosures required of licensee.
§14A-3-506. Examination of licensees - Access to records - Investigations.
§14A-3-507. Application of Administrative Procedure Act to Part.
§14A-3-508A. Loan finance charge for supervised loans.
§14A-3-508B. Loan finance charge for loans with principal of Three Thousand Dollars or less.
§14A-3-508C. Electronic payment processing convenience fee.
§14A-3-509. Use of multiple agreements or split loans.
§14A-3-510. Restrictions on interest in land as security.
§14A-3-511. Regular schedule of payments - Maximum loan term.
§14A-3-512. Conduct of business other than making loans.
§14A-3-513. Application of other provisions.
§14A-3-515. Restrictions on interest in motor vehicles as security.
§14A-3-601. Loans subject to act by agreement of parties.
§14A-3-605. Loan finance charge for other loans.
§14A-3-701. Short title – Oklahoma Private Student Loan Transparency and Improvement Act.
§14A-3-703. Prohibition on gifts – Revenue sharing.
§14A-3-704. Restrictions on private educational lenders.
§14A-3-705. Private educational loan application disclosures – Cancellation period.
§14A-3-802. Nonapplicability of act.
§14A-3-803. Agreement required.
§14A-3-805. Form of agreement - Requirement of existing legal claim.
§14A-3-806. Right of rescission.
§14A-3-809. License required - Application.
§14A-3-810. Bond - Letter of credit.
§14A-3-811. Issuance of license.
§14A-3-813. Renewal of license.
§14A-3-814. Prohibited activities or conduct.
§14A-3-817. Application of act.
§14A-4-102. Scope - Applicability to parties.
§14A-4-103. Definition: "Consumer credit insurance".
§14A-4-104. Creditor's provision of and charge for insurance - Excess amount of charge.
§14A-4-105. Conditions applying to insurance to be provided by creditor.
§14A-4-106. Unconscionability.
§14A-4-107. Maximum charge by creditor for insurance.
§14A-4-108. Refund or credit required - Amount.
§14A-4-109. Existing insurance - Choice of insurer.
§14A-4-111. Cooperation between Administrator and Insurance Department.
§14A-4-112. Administrative action of Insurance Department.
§14A-4-201. Term of insurance.
§14A-4-202. Amount of insurance.
§14A-4-203. Filing and approval of rates and forms.
§14A-4-301. Property insurance.
§14A-4-302. Insurance on creditor's interest only.
§14A-4-303. Liability insurance.
§14A-4-304. Cancellation by creditor.
§14A-5-103. Restrictions on deficiency judgments in consumer credit sales.
§14A-5-104. No garnishment before judgment.
§14A-5-105. Limitation on garnishment.
§14A-5-106. No discharge from employment for garnishment.
§14A-5-107. Extortionate extensions of credit.
§14A-5-108. Unconscionability.
§14A-5-201. Consumer credit sales and consumer loans.
§14A-5-202. Effect of violations on rights of parties.
§14A-5-203. Civil liability for violation of disclosure provisions.
§14A-5-204. Right to rescind certain transactions.
§14A-5-205. Refunds and penalties as set-off to obligation.
§14A-5-301. Willful violations.
§14A-5-302. Disclosure violations.
§14A-6-104. Powers and duties of Administrator.
§14A-6-105. Administrative enforcement powers with respect to supervised financial institutions.
§14A-6-106. Investigatory powers.
§14A-6-107. Application of Administrative Procedure Act.
§14A-6-108. Administrative enforcement orders - Review.
§14A-6-109. Assurance of discontinuance.
§14A-6-110. Injunctions against violations of act.
§14A-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
§14A-6-113. Civil actions by Administrator.
§14A-6-115. Debtors' remedies not affected.
§14A-6-116. Report on conclusion of examination – Preservation of examinations and reports.
§14A-6-117. Designation as public records – Other records confidential.
§14A-6-117.1. Availability of data to agencies with direct supervisory authority.
§14A-6-301. Consumer Credit Administrative Expenses Revolving Fund.
§14A-6-302. Commission on Consumer Credit - Prescription of fees.
§14A-6-303. Deposit of fees in Consumer Credit Administrative Expenses Revolving Fund.
§14A-6-502. Members of Commission.
§14A-6-503. Appointment of Commission members - Terms of office - Bipartisan composition.
§14A-6-504. Chairman - Meetings - Quorum - Minutes - Reports - Records - Rules and regulations.
§14A-6-506. Qualifications and remuneration of administrator.
§14A-6-507. Deputy Administrator.
§14A-6-509. Internal organization.
§14A-6-510. Employees - Duties - Compensation.
§14A-9-101. Time of taking effect - Provisions for transition.