(a) A provider may use the mailing address provided by a consumer to determine the consumer's state of residence for purposes of this subchapter.
(b) A provider shall not be deemed to be engaging in lending, money transmission, or debt collection in this state or in violation of the laws of this state governing the sale of, assignment of, or an order for earned but unpaid income if the provider:(1) Complies with the requirements of this section;(2) Develops and implements policies and procedures to respond to questions raised by a consumer;(3) Addresses a complaint from a consumer in an expedient manner;(4) Offers to a consumer at least one (1) reasonable option to obtain proceeds at no cost to the consumer and clearly explains how to elect the no-cost option under this subdivision (b)(4) whenever it offers a consumer the option to receive proceeds for a fee;(5) Before entering into an agreement with a consumer for the provision of earned wage access services:(A) Informs the consumer of the consumer's rights under the agreement; and(B) Fully and clearly discloses all fees associated with the earned wage access services;(6) Informs a consumer of a material change to the terms and conditions of the earned wage access services before implementing the changes for the consumer;(7) Allows a consumer to cancel use of the provider's earned wage access services at any time without incurring a cancellation fee imposed by the provider;(8) Complies with all applicable local, state, and federal privacy and information security laws; and(9) Provides proceeds to a consumer by any means mutually agreed upon by the consumer and the provider.
(1) Complies with the requirements of this section;
(2) Develops and implements policies and procedures to respond to questions raised by a consumer;
(3) Addresses a complaint from a consumer in an expedient manner;
(4) Offers to a consumer at least one (1) reasonable option to obtain proceeds at no cost to the consumer and clearly explains how to elect the no-cost option under this subdivision (b)(4) whenever it offers a consumer the option to receive proceeds for a fee;
(5) Before entering into an agreement with a consumer for the provision of earned wage access services:(A) Informs the consumer of the consumer's rights under the agreement; and(B) Fully and clearly discloses all fees associated with the earned wage access services;
(A) Informs the consumer of the consumer's rights under the agreement; and
(B) Fully and clearly discloses all fees associated with the earned wage access services;
(6) Informs a consumer of a material change to the terms and conditions of the earned wage access services before implementing the changes for the consumer;
(7) Allows a consumer to cancel use of the provider's earned wage access services at any time without incurring a cancellation fee imposed by the provider;
(8) Complies with all applicable local, state, and federal privacy and information security laws; and
(9) Provides proceeds to a consumer by any means mutually agreed upon by the consumer and the provider.
(c) If a provider solicits, charges, or receives a tip, gratuity, or other donation from a consumer, the provider shall clearly and conspicuously disclose:(1) To the consumer immediately before each transaction that a tip, gratuity, or other donation amount may be zero (0) and is voluntary; and(2) In its service contract with the consumer and elsewhere that tips, gratuities, or donations are voluntary and that the offering of earned wage access services, including the amount of proceeds a consumer is eligible to request and the frequency with which proceeds are provided to a consumer, is not contingent on whether the consumer pays a tip, gratuity, or other donation or on the size of the tip, gratuity, or other donation.
(1) To the consumer immediately before each transaction that a tip, gratuity, or other donation amount may be zero (0) and is voluntary; and
(2) In its service contract with the consumer and elsewhere that tips, gratuities, or donations are voluntary and that the offering of earned wage access services, including the amount of proceeds a consumer is eligible to request and the frequency with which proceeds are provided to a consumer, is not contingent on whether the consumer pays a tip, gratuity, or other donation or on the size of the tip, gratuity, or other donation.
(d) If a provider seeks repayment of outstanding proceeds or payment of fees or other amounts owed, including voluntary tips, gratuities, or other donations, in connection with the activities covered by this subchapter, from a consumer's account at a depository institution, including by means of electronic fund transfer, the provider shall:(1) Comply with applicable provisions of the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., as it existed on January 1, 2025, and regulations adopted under the the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., as it existed on January 1, 2025; and(2) (A) Reimburse the consumer for the full amount of any overdraft or nonsufficient funds fees imposed on a consumer by the consumer's depository institution that were caused by the provider's attempting to seek payment of any outstanding proceeds, fees, or other payments, in connection with the activities covered by this subchapter, including voluntary tips, gratuities, or other donations, on a date before, or in an incorrect amount from, the date or amount disclosed to the consumer.(B) The provider is not subject to the requirements under subdivision (d)(2)(A) of this section with respect to payments of outstanding proceeds or fees incurred by a consumer through fraudulent or other unlawful means.
(1) Comply with applicable provisions of the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., as it existed on January 1, 2025, and regulations adopted under the the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., as it existed on January 1, 2025; and
(2) (A) Reimburse the consumer for the full amount of any overdraft or nonsufficient funds fees imposed on a consumer by the consumer's depository institution that were caused by the provider's attempting to seek payment of any outstanding proceeds, fees, or other payments, in connection with the activities covered by this subchapter, including voluntary tips, gratuities, or other donations, on a date before, or in an incorrect amount from, the date or amount disclosed to the consumer.(B) The provider is not subject to the requirements under subdivision (d)(2)(A) of this section with respect to payments of outstanding proceeds or fees incurred by a consumer through fraudulent or other unlawful means.
(A) Reimburse the consumer for the full amount of any overdraft or nonsufficient funds fees imposed on a consumer by the consumer's depository institution that were caused by the provider's attempting to seek payment of any outstanding proceeds, fees, or other payments, in connection with the activities covered by this subchapter, including voluntary tips, gratuities, or other donations, on a date before, or in an incorrect amount from, the date or amount disclosed to the consumer.
(B) The provider is not subject to the requirements under subdivision (d)(2)(A) of this section with respect to payments of outstanding proceeds or fees incurred by a consumer through fraudulent or other unlawful means.
(e) A provider shall not:(1) Share with an employer a portion of any fees, voluntary tips, gratuities, or other donations that were received from or charged to a consumer for earned wage access services;(2) Require a consumer's credit report or a credit score provided or issued by a consumer reporting agency to determine a consumer's eligibility for earned wage access services;(3) Accept payment of outstanding proceeds, fees, voluntary tips, gratuities, or other donations from a consumer by means of a credit card or charge card;(4) Charge a consumer a late fee, deferral fee, interest, or any other penalty or charge for failure to pay outstanding proceeds, fees, voluntary tips, gratuities, or other donations;(5) Compel or attempt to compel payment by a consumer of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to the provider by:(A) A suit against the consumer in a court of competent jurisdiction;(B) Use of a third party to pursue collection from the consumer on the provider's behalf; or(C) Sale of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to a third-party collector or debt buyer for collection from a consumer;(6) Mislead or deceive a consumer about the voluntary nature of the tips, gratuities, or donations or represent that the tip, gratuity, or other donation will benefit a specific individual or group of individuals if the provider solicits, charges, or receives tips, gratuities, or other donations from a consumer; and(7) Advertise, print, display, publish, distribute, or broadcast or cause to be advertised, printed, displayed, published, distributed, or broadcast, in any manner, any statement or representation with regard to the earned wage access services offered by the provider that:(A) Is false, misleading, or deceptive; or(B) Omits material information that is necessary to make the statement or representation not false, misleading, or deceptive.
(1) Share with an employer a portion of any fees, voluntary tips, gratuities, or other donations that were received from or charged to a consumer for earned wage access services;
(2) Require a consumer's credit report or a credit score provided or issued by a consumer reporting agency to determine a consumer's eligibility for earned wage access services;
(3) Accept payment of outstanding proceeds, fees, voluntary tips, gratuities, or other donations from a consumer by means of a credit card or charge card;
(4) Charge a consumer a late fee, deferral fee, interest, or any other penalty or charge for failure to pay outstanding proceeds, fees, voluntary tips, gratuities, or other donations;
(5) Compel or attempt to compel payment by a consumer of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to the provider by:(A) A suit against the consumer in a court of competent jurisdiction;(B) Use of a third party to pursue collection from the consumer on the provider's behalf; or(C) Sale of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to a third-party collector or debt buyer for collection from a consumer;
(A) A suit against the consumer in a court of competent jurisdiction;
(B) Use of a third party to pursue collection from the consumer on the provider's behalf; or
(C) Sale of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to a third-party collector or debt buyer for collection from a consumer;
(6) Mislead or deceive a consumer about the voluntary nature of the tips, gratuities, or donations or represent that the tip, gratuity, or other donation will benefit a specific individual or group of individuals if the provider solicits, charges, or receives tips, gratuities, or other donations from a consumer; and
(7) Advertise, print, display, publish, distribute, or broadcast or cause to be advertised, printed, displayed, published, distributed, or broadcast, in any manner, any statement or representation with regard to the earned wage access services offered by the provider that:(A) Is false, misleading, or deceptive; or(B) Omits material information that is necessary to make the statement or representation not false, misleading, or deceptive.
(A) Is false, misleading, or deceptive; or
(B) Omits material information that is necessary to make the statement or representation not false, misleading, or deceptive.