By Julie Bays, OBA Management Assistance Program Director

Starting November 1, 2025, Oklahoma lawyers who accept credit cards will need to comply with new state law limits on the fees they charge clients for using them. While this isn’t a new issue for the profession, the rules are changing and the new statute under Title 14A of the Oklahoma Consumer Credit Code now formally regulates what had previously been guided by a mix of interpretation and ethics.

A Brief History: When “No Surcharge” Didn’t Mean No Surcharge

Before November 2025, Oklahoma’s Consumer Credit Code § 2-211 prohibited merchants from imposing a surcharge on a cardholder who elected to use a credit or debit card instead of paying by cash, check or similar means. On its face, this meant that no business, including law firm, could pass along credit card processing fees.

However, in 2010, Attorney General W.A. Drew Edmondson issued AG Opinion 2010-OK-7, clarifying that this apparent “ban” applied only to consumer credit sale and not to all service transactions. The Attorney General concluded that § 2-417 (the parallel surcharge prohibition in the UCCC) was limited to consumer credit sales and did not govern professional service transactions such as attorney fees. In short, after 2010, Oklahoma lawyers could pass along processing costs, provided they did so reasonably and with the client’s advance agreement.

Lawyers were advised to disclose any such fee in their written fee agreements, consistent with Rule 1.5(a) of the Oklahoma Rules of Professional Conduct and its Comment 1, which allows a lawyer to “seek reimbursement for the cost of services performed in-house… or for other expenses incurred in-house… by charging a reasonable amount to which the client has agreed in advance.”

What Changes on November 1, 2025

The Legislature has now codified and expanded these rules through Senate Bill 677 (2025), which repeals § 2-417 and amends § 2-211 of the Consumer Credit Code. The new statute makes two major changes: it expressly permits surcharges, but it also caps and regulates them.

Under the new § 2-211:

1. Surcharges Are Now Explicitly Allowed but with Limits

A lawyer (like any seller or service provider) may impose a surcharge for a client’s use of a credit card only if advance notice is provided clearly and conspicuously: at the point of entry and the point of sale for in-person payments; on the home page and payment page for online payments; and verbally disclosed for phone payments. The amount is limited to the lesser of 2% of the total transaction or the actual cost the lawyer incurs to process the payment. If a law firm accepts only credit cards, it may not treat the charge as voluntary.

2. Discounts Are Still Allowed

Lawyers may continue to offer a discount for payments made by cash, check, or ACH, provided the offer is clearly and conspicuously disclosed and offered to all clients equally.

3. Definitions Expanded

The statute now defines credit card, seller, and surcharge, clarifying that the rules apply broadly to all service providers operating in Oklahoma, including law firms.

How This Intersects with the Rules of Professional Conduct

Even though § 2-211 now provides statutory authority to impose surcharges, ORPC 1.5(a) and Comment 1 remain the controlling ethical framework. Lawyers must ensure:

1. Client Consent in Advance

The client must agree to the surcharge in advance, ideally in writing. Example fee agreement language:
“If you choose to pay your invoice by credit card, a processing fee of ___% will be added to cover the cost charged by the card processor. This fee reflects only the actual cost incurred by the firm.”

2. Reasonableness of the Amount

The charge must be reasonable. Which the 2025 statute now quantifies as no more than 2% or the actual processor fee.

3. Transparency and Alternative Payment Options

Clients should always have an option to pay by other means (check, ACH, or cash) to avoid the surcharge.

4. Compliance With Card Network Rules

Visa, Mastercard, and other networks have their own requirements for merchant disclosures, and those still apply.

Practical Steps for Lawyers

To stay compliant on and after November 1, 2025:
• Update your written fee agreements to include client consent for any credit card processing fee.
• Review your payment processing arrangement to confirm your actual costs.
• Post a notice of any surcharge at your office and online.
• Train staff to disclose the surcharge verbally when taking payments by phone.
• Ensure clients always have a non-credit-card payment option.

Bottom Line

For years, Oklahoma lawyers could legally charge clients the cost of credit card processing thanks to the 2010 Attorney General opinion. Beginning November 1, 2025, that permissive practice becomes formally regulated: still allowed, but capped at 2% (or the actual cost) and subject to disclosure requirements. The change doesn’t mean lawyers must stop accepting cards, only that they should document consent, disclose clearly, and keep the surcharge reasonable. In the language of ORPC 1.5(a), reasonableness and transparency remain the touchstones.

Endnotes

1. 14A O.S. § 2-211 (2024) (to be amended effective Nov. 1, 2025).
2. 2010 OK AG 7 (Opinion by W.A. Drew Edmondson, June 2, 2010).
3. ORPC 1.5(a) and Comment 1 (Oklahoma Rules of Professional Conduct).
4. Senate Bill 677, 59th Oklahoma Legislature (2025).