Earned Wage Access Consumer Protection Act

12/16/2024, 7:27 PM

Earned Wage Access Consumer Protection Act

This bill addresses the regulation of earned wage access products. Earned wage access products provide consumers with access to their earned wages before their scheduled pay day.

The bill specifies that earned wage access products are not consumer credit products for purposes of regulation under the Truth in Lending Act (TILA). TILA requires consumer credit products to disclose borrowing costs, finance charges, and the total cost of the loan.

The bill requires providers to inform consumers of their rights under an agreement for an earned wage access product and to disclose all associated fees before the consumer enters into an agreement. Providers must also inform consumers of any material changes to the terms or conditions before implementing those changes.

Under the bill, providers of earned wage access products

  • must establish a policy for responding to customer disputes;
  • are prohibited from bringing civil suits or from pursuing collection to compel repayment, except in cases of fraud; and
  • must reimburse the consumer for overdraft fees or penalties imposed on a consumer by their depository institution if incurred because the provider withdrew an incorrect amount or withdrew on an incorrect date.

Providers are prohibited from sharing proceeds, fees, or gratuities with the consumer’s employer. The bill also limits the form of payment providers may accept from consumers and limits certain additional fees for failure to pay.

If a provider solicits, charges, or receives a tip, gratuity, or other donation from a consumer, the provider must disclose the voluntary nature of such tip, gratuity, or donation. 

Bill 118 hr 7428, also known as the Earned Wage Access Consumer Protection Act, is a piece of legislation currently being considered by the US Congress. The purpose of this bill is to regulate the practice of earned wage access, which allows employees to access a portion of their earned wages before their scheduled payday.

The bill aims to protect consumers by establishing guidelines for earned wage access providers, including requirements for transparency in fees and terms, as well as prohibiting unfair or deceptive practices. It also seeks to ensure that employees are not subject to predatory lending practices or excessive fees when accessing their wages early.

Additionally, the Earned Wage Access Consumer Protection Act would require earned wage access providers to obtain a license from the Consumer Financial Protection Bureau and comply with federal consumer protection laws. This would help to ensure that employees have access to a safe and regulated means of accessing their wages early. Overall, the Earned Wage Access Consumer Protection Act is designed to protect consumers from potential exploitation and abuse in the earned wage access industry, while still allowing employees to access their wages in a timely manner. It is an important piece of legislation that aims to balance the needs of workers with the need for consumer protection.
Congress
118

Number
HR - 7428

Introduced on
2024-02-20

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

2/20/2024

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Earned Wage Access Consumer Protection Act

This bill addresses the regulation of earned wage access products. Earned wage access products provide consumers with access to their earned wages before their scheduled pay day.

The bill specifies that earned wage access products are not consumer credit products for purposes of regulation under the Truth in Lending Act (TILA). TILA requires consumer credit products to disclose borrowing costs, finance charges, and the total cost of the loan.

The bill requires providers to inform consumers of their rights under an agreement for an earned wage access product and to disclose all associated fees before the consumer enters into an agreement. Providers must also inform consumers of any material changes to the terms or conditions before implementing those changes.

Under the bill, providers of earned wage access products

  • must establish a policy for responding to customer disputes;
  • are prohibited from bringing civil suits or from pursuing collection to compel repayment, except in cases of fraud; and
  • must reimburse the consumer for overdraft fees or penalties imposed on a consumer by their depository institution if incurred because the provider withdrew an incorrect amount or withdrew on an incorrect date.

Providers are prohibited from sharing proceeds, fees, or gratuities with the consumer’s employer. The bill also limits the form of payment providers may accept from consumers and limits certain additional fees for failure to pay.

If a provider solicits, charges, or receives a tip, gratuity, or other donation from a consumer, the provider must disclose the voluntary nature of such tip, gratuity, or donation. 

Bill 118 hr 7428, also known as the Earned Wage Access Consumer Protection Act, is a piece of legislation currently being considered by the US Congress. The purpose of this bill is to regulate the practice of earned wage access, which allows employees to access a portion of their earned wages before their scheduled payday.

The bill aims to protect consumers by establishing guidelines for earned wage access providers, including requirements for transparency in fees and terms, as well as prohibiting unfair or deceptive practices. It also seeks to ensure that employees are not subject to predatory lending practices or excessive fees when accessing their wages early.

Additionally, the Earned Wage Access Consumer Protection Act would require earned wage access providers to obtain a license from the Consumer Financial Protection Bureau and comply with federal consumer protection laws. This would help to ensure that employees have access to a safe and regulated means of accessing their wages early. Overall, the Earned Wage Access Consumer Protection Act is designed to protect consumers from potential exploitation and abuse in the earned wage access industry, while still allowing employees to access their wages in a timely manner. It is an important piece of legislation that aims to balance the needs of workers with the need for consumer protection.
Alternative Names
Official Title as IntroducedTo regulate the business of offering and providing earned wage access services to consumers, and for other purposes.

Policy Areas
Finance and Financial Sector

Comments

APPROVED
ES
Eduardo Stephens
@berbere_watercress_green_peppercorn86145
I support this bill, right?

Recent Activity

Latest Summary10/2/2024

Earned Wage Access Consumer Protection Act

This bill addresses the regulation of earned wage access products. Earned wage access products provide consumers with access to their earned wages before their scheduled pay day.


Latest Action12/3/2024
Placed on the Union Calendar, Calendar No. 650.