Oklahoma Senate Approves Bill to Raise Credit Card Surcharge Cap

Legislation would allow businesses to pass on more of the fees charged by credit card companies to customers.

Feb. 21, 2026 at 3:39am

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The Oklahoma Senate has approved a bill that would raise the maximum credit card surcharge businesses can impose from 2% to 3% of the purchase price. Proponents argue this will help businesses offset the high fees charged by credit card companies, while opponents are concerned about the impact on consumers.

Why it matters

The bill aims to give businesses more flexibility to recoup the substantial transaction fees they incur from credit card providers, which can represent a significant cost for industries like restaurants that operate on thin profit margins. However, critics are worried the change could lead to higher costs for consumers who choose to use credit cards.

The details

Senate Bill 2132, authored by Senator Spencer Kern, R-Duncan, would increase the maximum credit card surcharge businesses can add from 2% to 3% of the purchase price. Supporters, like James Leewright of the Oklahoma Restaurant Association, say this will help offset the 'enormous fees' charged by credit card companies, which are the third-highest cost for restaurants after labor and food. However, Senator Shane Jett, R-Shawnee, voted against the bill, expressing concern about the impact on his constituents who are credit card holders.

  • The Oklahoma Senate approved Senate Bill 2132 on Thursday, February 20, 2026.
  • As of Saturday, February 21, 2026, it is unclear when or if the bill will be taken up by the Oklahoma House of Representatives.

The players

Spencer Kern

A Republican state senator from Duncan, Oklahoma who authored Senate Bill 2132 to raise the credit card surcharge cap.

James Leewright

The president and CEO of the Oklahoma Restaurant Association, which supports increasing the surcharge cap to help businesses offset high credit card transaction fees.

Shane Jett

A Republican state senator from Shawnee, Oklahoma who voted against Senate Bill 2132, expressing concern about the impact on his constituents who are credit card holders.

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What they’re saying

“Most want to use credit cards for transactions and the credit card companies are charging enormous fees to be able to make that transaction happen. They don't have any competition.”

— James Leewright, President and CEO, Oklahoma Restaurant Association

“The last time I checked, I represent credit card holders. They are constituents.”

— Shane Jett, State Senator

What’s next

The bill now moves forward in the Oklahoma legislative process, but it is unclear when or if the state House of Representatives will take up the measure.

The takeaway

This bill highlights the ongoing tension between businesses seeking to offset high credit card processing fees and consumer advocates concerned about rising costs. The outcome could impact both Oklahoma businesses and residents who rely on credit cards for transactions.