Oklahoma 2026 Regular Session

Oklahoma Senate Bill SB781

Introduced
2/3/25  

Caption

Wages; creating the Oklahoma Earned Wages Access Services Act; allowing an earned wage access services provider to provide certain services. Effective date.

Summary

SB 781 creates the “Oklahoma Earned Wages Access Services Act,” a new framework in Title 40 governing providers that give workers access to earned but unpaid wages before the normal payday. The bill defines key terms such as consumer, employer, earned but unpaid income, proceeds, fees, and outstanding proceeds, and it distinguishes between consumer-directed wage access and employer-integrated wage access services. It authorizes these services in Oklahoma and sets out the conditions under which a provider may operate. The bill requires providers to maintain complaint-handling procedures, clearly disclose fees and terms, offer at least one no-cost option when charging fees or soliciting tips, allow consumers to cancel without a cancellation fee, and comply with privacy and information-security laws. It also requires clear disclosures that tips are voluntary and that access to wages is not contingent on tipping. If a provider seeks repayment from a consumer’s bank account, it must follow federal electronic fund transfer rules and reimburse consumers for overdraft or insufficient-funds fees caused by improper or mistimed withdrawals. The bill also bars providers from using credit scores to determine eligibility, charging late fees or interest, reporting nonpayment to credit bureaus or debt collectors, or using lawsuits, third-party collectors, or debt buyers to collect ordinary unpaid proceeds or fees. SB 781 would add new sections to Title 40 of the Oklahoma Statutes and expressly state that compliant earned wage access services are not loans, debt, credit, money transmission, or interest-bearing finance charges. It also exempts banks, savings institutions, trust companies, building and loan associations, industrial loan associations, and credit unions operating under state or federal authority. The act is set to become effective November 1, 2025. The available legislative history shows the bill was referred to the Senate Economic Development, Workforce and Tourism Committee after second reading, but there are no recorded committee transcripts or votes in the provided materials. As a result, there is no documented floor debate or vote count to indicate broad support or opposition in the record provided. The main policy tension in the bill is between consumer protection and industry flexibility. The bill strongly protects consumers by requiring disclosures, banning coercive collection practices, and limiting fees and penalties, while also giving providers a legal safe harbor by classifying the service as neither credit nor money transmission. Potential points of contention include the treatment of voluntary tips and subscription fees, the reimbursement obligation for overdraft charges, and the extent to which the bill shields providers from existing lending, payroll, and debt-collection laws.

Impact

SB 781 would create new statutory provisions in Title 40 regulating earned wage access services in Oklahoma and would provide a legal definition and operating rules for providers offering early access to wages already earned but not yet paid. It would clarify that compliant services are not loans, debt, credit, money transmission, or interest/finance charges, which would affect how these businesses are treated under state law and potentially limit application of other financial-services statutes. The bill also imposes consumer-protection obligations and collection restrictions on providers, while exempting banks and certain other regulated financial institutions.

Sentiment

The provided record does not include committee testimony or vote totals, so there is no direct evidence of formal support or opposition. Based on the bill text, the measure appears designed to balance access to earned wages with consumer safeguards, suggesting a generally pro-regulatory but industry-permitting approach. The absence of recorded debate makes the overall sentiment in the legislative process unclear from the materials provided.

Contention

The likely areas of contention are the bill’s treatment of fees, tips, and repayment practices. Consumer advocates may focus on the need for a no-cost option, clear disclosures, and bans on debt-style collection, while providers may prefer the bill’s safe-harbor language that keeps the service outside lending and money-transmission laws. The requirement to reimburse overdraft or insufficient-funds fees, the prohibition on credit-based eligibility screening, and the limits on collection methods are also likely to be debated by stakeholders on both sides.

Companion Bills

OK SB781

Carry Over Wages; creating the Oklahoma Earned Wages Access Services Act; allowing an earned wage access services provider to provide certain services. Effective date.

Similar Bills

No similar bills found.