{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-953","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-953","heading":"Use of credit information - Prohibited acts","body":"\n\nAn insurer authorized to do business in this state that uses\n\ncredit information to underwrite or rate risks, shall not:\n\n1. Use an insurance score that is calculated using income,\n\ngender, address, zip code, ethnic group, religion, marital status,\n\nor nationality of the consumer as a factor;\n\n2. Deny, cancel or fail to renew a policy of personal insurance\n\nsolely on the basis of credit information, without consideration of\n\nany other applicable underwriting factor independent of credit\n\ninformation and not expressly prohibited by paragraph 1 of this\n\nsection;\n\n3. Base renewal rates for personal insurance of an insured\n\nsolely upon credit information, without consideration of any other\n\napplicable factor independent of credit information;\n\n4. Take adverse action against a consumer solely because the\n\nconsumer does not have a credit card account, without consideration\n\nof any other applicable factor independent of credit information;\n\n5. Consider an absence of credit information or an inability to\n\ncalculate an insurance score in underwriting or rating personal\n\ninsurance, unless the insurer does one of the following:\n\na. treats the consumer as otherwise approved by the\n\nInsurance Commissioner, if the insurer presents\n\ninformation that an absence or inability relates to\n\nthe risk for the insurer,\n\nb. treats the consumer as if the applicant or insured had\n\nneutral credit information, as defined by the insurer,\n\nor\n\nc. excludes the use of credit information as a factor and\n\nuse only other underwriting criteria;\n\n6. Take an adverse action against a consumer based on credit\n\ninformation, unless an insurer obtains and uses a credit report\n\nissued or an insurance score calculated within ninety (90) days from\n\nthe date the policy is first written or renewal is issued;\n\n7. Use credit information unless not later than every thirty-\n\nsix (36) months following the last time that the insurer obtained\n\ncurrent credit information for the insured, the insurer recalculates\n\nthe insurance score or obtains an updated credit report. Regardless\n\nof the requirements of this subsection:\n\na. at annual renewal, upon the request of a consumer or\n\nthe agent of the consumer, the insurer shall\n\nreunderwrite and rerate the policy based upon a\n\ncurrent credit report or insurance score. An insurer\n\nneed not recalculate the insurance score or obtain the\n\nupdated credit report of a consumer more frequently\n\nthan once in a twelve-month period,\n\nb. the insurer shall have the discretion to obtain\n\ncurrent credit information upon any renewal before the\n\nthirty-six (36) months, if consistent with its\n\nunderwriting guidelines, and\n\nc. no insurer need obtain current credit information for\n\nan insured, despite the requirements of paragraph 7 of\n\nthis section, if one of the following applies:\n\n(1) the insurer is treating the consumer as otherwise\n\napproved by the Commissioner,\n\n(2) the insured is in the most favorably priced tier\n\nof the insurer, within a group of affiliated\n\ninsurers. However, the insurer shall have the\n\ndiscretion to order a report, if consistent with\n\nits underwriting guidelines,\n\n(3) credit was not used for underwriting or rating\n\nthe insured when the policy was initially\n\nwritten. However, the insurer shall have the\n\ndiscretion to use credit for underwriting or\n\nrating the insured upon renewal, if consistent\n\nwith its underwriting guidelines, or\ninsurers. However, the insurer shall have the\n\ndiscretion to order a report, if consistent with\n\nits underwriting guidelines,\n\n(3) credit was not used for underwriting or rating\n\nthe insured when the policy was initially\n\nwritten. However, the insurer shall have the\n\ndiscretion to use credit for underwriting or\n\nrating the insured upon renewal, if consistent\n\nwith its underwriting guidelines, or\n\n(4) the insurer reevaluates the insured beginning no\n\nlater than thirty-six (36) months after inception\n\nand thereafter based upon other underwriting or\n\nrating factors, excluding credit information; and\n\n8. Use the following as a negative factor in any insurance\n\nscoring methodology or in reviewing credit information for the\n\npurpose of underwriting or rating a policy of personal insurance:\n\na. credit inquiries not initiated by the consumer or\n\ninquiries requested by the consumer for the credit\n\ninformation of the consumer,\n\nb. inquiries relating to insurance coverage, if so\n\nidentified on a credit report of the consumer,\n\nc. collection accounts with a medical industry code, if\n\nso identified on the credit report of the consumer,\n\nd. multiple lender inquiries, if coded by the consumer\n\nreporting agency on the credit report of the consumer\n\nas being from the home mortgage industry and made\n\nwithin thirty (30) days of one another, unless only\n\none inquiry is considered, and\n\ne. multiple lender inquiries, if coded by the consumer\n\nreporting agency on the credit report of the consumer\n\nas being from the automobile lending industry and made\n\nwithin thirty (30) days of one another, unless only\n\none inquiry is considered.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f5aba3665150b6f9bebe857a500dc2baba574b9c80c77b7bd60494057f7a011c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-952","next":"us-ok/okla.-stat.-tit.-36-36-953.1"},"notice":"GroundRules: Original legal text. Not legal advice."}
