MarylandSB 00942026 Regular SessionSenateWALLET

Commercial Law - Earned Wage Access - Revisions

Sponsored By: Sponsor information unavailable

Signed by Governor

Commercial Law - Consumer ProtectionCommercial Law - Credit RegulationAdvertisingAge -see also- Age of Maj; Children; Elderly; Inf&Tod.; etcCommerce and Business -see also- ElectrComm; ForeignTr; etc.Communications -see also- ElecComm; Intergov; etc.Consumer ProtectionDisabilitiesDiscriminationEthicsEthnic AffairsFees -see also- Attys' Fees; Devt Fees & TaxesFinance CompaniesFinancial Institutions -see also- Banks; Credit Unions; etc.Gender -see also- WomenGender Identity and Expression -see also- Gender; LGB; etc.GiftsImmigrants and Citizenship -see also- ResidencyLicenses -see also- AB Lic; Certifications; DrLic; PermitsLoans -see also- Credit; Mortgages; Scholarships&SFAMarriage -see also- SpousesMinors -see also- Age of Majority; YouthPrices -see also- Consumer Price IndexRacial Matters -see also- Ethnic Affairs; MinoritiesReimbursementsSalaries and Compensation -see also- Overtime; Reimb. RatesSolicitationStandards and Best PracticesTime

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 1 costs, 1 mixed.

Fairer access and truthful wage service ads

Beginning October 1, 2026, licensed and licensing-exempt earned wage access businesses cannot discriminate when granting or denying requests. Protected traits include race, color, creed, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Denying a request because someone is a minor does not count as age discrimination. Providers cannot make false or misleading claims about fees, rates, terms, or conditions. The state commissioner can require clear, full fee or rate details in licensed providers' advertising. References to state supervision are allowed, subject to conditions the commissioner sets to prevent misleading impressions.

Workers gain safeguards for early wage access

Beginning October 1, 2026, earned wage access providers cannot request or charge tips, or make access depend on tipping. Service contracts must explain that providers cannot solicit or keep tips or donations. Providers must offer at least one free option when offering a paid option or seeking a fee. They must explain consumer rights and all fees before an agreement, and give advance notice of major changes. Consumers can cancel without a cancellation fee; providers must answer questions, promptly address complaints, and follow privacy and security laws. Providers cannot charge interest or late fees, impose nonpayment penalties, or share fees or tips with employers. They cannot use credit reports to qualify consumers or report nonpayment to credit reporting agencies. They also cannot sue to collect, use third-party collectors, or sell the debt. For bank-account repayments, providers must follow federal electronic transfer rules and reimburse resulting overdraft or insufficient-funds fees within five business days. The reimbursement rule has an exception for repayments made through fraud.

Covered lenders cannot ask borrowers for tips

Beginning October 1, 2026, covered Maryland lenders cannot accept tips or offer borrowers the option to tip. They cannot suggest that tips affect loan approval or loan terms. A lender that receives a tip must return it in full within seven days to avoid the specified tipping violation. Lenders must prominently disclose that tips are prohibited and do not benefit a specific employee.

Wage providers gain limited penalty protection

Beginning October 1, 2026, licensed and licensing-exempt earned wage access businesses gain limited protection from penalties. Their actions must follow specified written legal or regulatory guidance in good faith. Protection also covers reliance on forms or procedures approved in writing by both the commissioner and Maryland attorney general. Protection stops for later conduct after the guidance or approval changes, is withdrawn, or is ruled invalid. It does not shield knowing or willful violations or prevent orders requiring consumer refunds.

Wage access licensing requirement is repealed

Beginning October 1, 2026, Maryland repeals the section requiring earned wage access providers to hold a consumer loan license or qualify for an exemption. The repeal also removes that section's enforcement rules, lending-law exemptions, and rules for treating these services under other state laws. It does not directly change consumer payments or eligibility.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 132 • No: 49

House vote • 4/13/2026

Third Reading Passed

Yes: 100 • No: 36 • Other: 4

Senate vote • 3/19/2026

Third Reading Passed

Yes: 32 • No: 13

Actions Timeline

  1. Approved by the Governor - Chapter 170

    4/28/2026
  2. Returned Passed

    4/13/2026Senate
  3. Third Reading Passed (100-36)

    4/13/2026House
  4. Favorable Adopted Second Reading Passed

    4/11/2026House
  5. Favorable Report by Economic Matters

    4/11/2026House
  6. Hearing 3/31 at 1:00 p.m.

    3/24/2026House
  7. Referred Economic Matters

    3/20/2026House
  8. Third Reading Passed (32-13)

    3/19/2026Senate
  9. Second Reading Passed with Amendments

    3/17/2026Senate
  10. Favorable with Amendments {383322/1 Adopted

    3/17/2026Senate
  11. Favorable with Amendments Report by Finance

    3/16/2026Senate
  12. Hearing 1/29 at 3:00 p.m.

    1/20/2026Senate
  13. First Reading Finance

    1/14/2026Senate
  14. Pre-filed

    9/30/2025Senate

Bill Text

  • Enacted

    4/28/2026

  • Third Reading

    3/17/2026

  • First Reading

    1/14/2026

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