Credit card surcharge laws in Oklahoma (2026)
Allowed with state conditions
Since November 1, 2025 you may surcharge credit cards in Oklahoma (the old ban is repealed) if you post the surcharge amount at the entrance and the register (or home page and checkout page online, or say it out loud by phone), keep it at or under the lesser of 2% or your actual processing cost, and also accept some non-credit form of payment; debit surcharges are not authorized.
The details
| Cap | Lesser of 2% of the total transaction or the actual amount charged to the merchant to process the credit card transaction (14A O.S. § 2-211(B)(2)). |
|---|---|
| Disclosure | Notice displaying the amount of the surcharge must be clearly and conspicuously posted at the point of entry and the point of sale (in person), on the home page and point-of-sale webpage (online), and verbally disclosed for phone transactions. No surcharge if the merchant accepts only credit cards. Cash/check/debit discounts allowed with no limit if offered to all buyers clearly and conspicuously per Administrator of Consumer Credit regulations. |
| Debit and prepaid | Not authorized: § 2-211(B) allows a surcharge only on a cardholder who pays 'using a credit card instead of paying by cash, check, debit card, or similar means'; 'surcharge' is defined only for credit card transactions. Prepaid not mentioned. |
| Statute | 14A O.S. § 2-211 (as amended by Laws 2025, c. 410, § 1, eff. Nov. 1, 2025); 14A O.S. § 2-417 repealed by Laws 2025, c. 410, § 2, eff. Nov. 1, 2025 |
| Court decision | No Tenth Circuit or other court decision on Oklahoma's surcharge statutes found. Okla. Att'y Gen. Op. 2019-12 (Dec. 17, 2019): the ban 'does not facially violate the First Amendment' but 'would violate the First Amendment ... if interpreted consistent with the plain meaning of surcharge' (advisory only). |
| Last change | 2025-11-01 (SB 677, Laws 2025, c. 410; became law without Governor's signature 2025-05-28) |
| Source check | Verified on the official site |
| Checked | Oct 6, 2026 |
How this entry was checked
Enrolled SB 677: oklegislature.gov ; bill history oklegislature.gov . SB 2077 (2026) to raise the cap to 4% stalled after second reading/committee referral on 2026-02-03 and did not pass (official bill page); secondary posts claiming a 4% cap effective Nov 1, 2026 are wrong. Statutory exception: private schools, municipalities and municipal public trusts may charge a cost-limited 'service fee' (§ 2-211(F)). Trackers that labeled Oklahoma 'banned' before Nov 2025 were describing the statute; the AG had already called it unenforceable for single-sticker surcharging in 2019.
What this means for each program in Oklahoma
| Surcharging | Allowed, but only if you meet the state conditions above on top of the card-network rules. Equipment and signage have to be set up for Oklahoma specifically. |
|---|---|
| Cash discounting | Permitted under the card-network rules. The posted price is the card price and cash pays less; every card, debit included, pays the posted price. |
| Dual pricing | Treated like a cash discount in practice (our reading; the statute does not use the term): the card price shown first with the cash price beside it, every card pays the card price, cash pays the cash price. |
Card-network rules apply everywhere a surcharge is allowed
- Credit cards only. Never debit or prepaid, even when the customer presses "credit."
- Capped at 3% and never more than your own cost of accepting credit cards.
- Disclosed at the entrance and at the register, and printed as its own line on the receipt.
- Your processor (acquirer) gets written notice at least 30 days before you start.
Source: Visa Core Rules and Visa Product and Service Rules, April 2026 edition, sections 5.5.1.5 to 5.5.1.9. Mastercard's rules are comparable; its current rulebook text was not verified for this guide.
Sources
- 14A O.S. § 2-211 (as amended by Laws 2025, c. 410, § 1, eff. Nov. 1, 2025); 14A O.S. § 2-417 repealed by Laws 2025, c. 410, § 2, eff. Nov. 1, 2025
- No Tenth Circuit or other court decision on Oklahoma's surcharge statutes found. Okla. Att'y Gen. Op. 2019-12 (Dec. 17, 2019): the ban 'does not facially violate the First Amendment' but 'would violate the First Amendment ... if interpreted consistent with the plain meaning of surcharge' (advisory only).
Free fee-program fit check
Send us your statement and we'll tell you which program fits Oklahoma, show the monthly math, and set it up with your processor's written approval.
Get my fit checkThis guide is general information, not legal advice. Each entry was checked against the official statute, regulation, or court decision linked on the page, as of the date shown, by Cardeva, LLC. Laws change, legislatures are in session, and court rulings can alter the practical status of a statute that remains on the books. Before starting any surcharge, cash-discount, or dual-pricing program, confirm the rules for your state and your payment types with your processor and your own attorney. Any program Cardeva sets up starts only after your processor approves it in writing; rely on that approval and your own attorney, not this page. Nothing here is a guarantee of any outcome. See our Terms of Use. Think something has changed? Use the contact form or call (612) 250-6132.