IB 

Union Calendar No. 650 

118TH CONGRESS 

2D SESSION H. R. 7428 

[Report No. 118–787] 

To regulate the business of offering and providing earned wage access services 

to consumers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 20, 2024 

Mr. STEIL (for himself and Mr. HILL) introduced the following bill; which was 

referred to the Committee on Financial Services 

DECEMBER 3, 2024 

Additional sponsors: Mr. DONALDS, Mr. MEUSER, Mr. BARR, Mr. 

LUETKEMEYER, and Mr. SESSIONS

DECEMBER 3, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 20, 2024] 


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A BILL 

To regulate the business of offering and providing earned 

wage access services to consumers, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Earned Wage Access 

5 Consumer Protection Act’’. 

6 SEC. 2. EARNED WAGE ACCESS SERVICES. 

7 (a) PROVISION OF EARNED WAGE ACCESS SERV8 ICES.— 

9 (1) NO-COST OPTION REQUIRED.—If an earned 

10 wage access provider offers a consumer the option to 

11 receive earned wages in exchange for a fee, such 

12 earned wage access provider shall also offer such con13 sumer the option to obtain the same amount of earned 

14 wages at no cost to the consumer. 

15 (2) REQUIRED DISCLOSURES.— 

16 (A) DISCLOSURES PRECEDING AGREE17 MENT.—Each earned wage access provider shall 

18 disclose the following before entering into an 

19 agreement with a consumer: 

20 (i) Any limits on the amount of earned 

21 wages a customer may request from such 

22 provider, including— 

23 (I) any limits on the amount of 

24 earned wages a consumer may request 

25 from the provider each day; 


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1 (II) any limits on the amount of 

2 earned wages a consumer may request 

3 from the provider each pay period; and 

4 (III) any limits on the amount of 

5 earned wages a consumer may request 

6 from the provider that are based on a 

7 determination by the provider of the 

8 ratio between the amount of earned 

9 wages requested by the consumer and 

10 the total wages earned by the con11 sumer, and how such determination is 

12 made. 

13 (ii) Any fees that such provider may 

14 apply, and the amount of such fees, includ15 ing fees relating to expedited disbursement 

16 and subscriptions. 

17 (iii) A description of how the consumer 

18 may obtain earned wages without paying a 

19 fee. 

20 (iv) An overview of such provider’s use 

21 of voluntary payments that describes— 

22 (I) whether such provider will ac23 cept voluntary payments from the con24 sumer and in what amounts; and 


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1 (II) whether such provider will 

2 suggest the consumer provide voluntary 

3 payments and in what amounts. 

4 (B) DISCLOSURES PRECEDING APPROVAL OF

5 REQUEST.—Each earned wage access provider 

6 shall disclose the following after approving any 

7 request from a consumer for access to earned 

8 wages but before disbursing such earned wages to 

9 such consumer: 

10 (i) The account number such provider 

11 has assigned to the consumer, if applicable. 

12 (ii) The amount of earned wages that 

13 will be provided to the consumer by such 

14 provider. 

15 (iii) The total amount of any fees ap16 plied by such provider. 

17 (iv) A list of any voluntary payments 

18 the consumer has agreed to provide. 

19 (v) The amount that such provider in20 tends to collect as repayment after dis21 bursing the earned wages, the date on which 

22 such provider intends to collect such amount 

23 or a description of when such provider in24 tends to collect such amount, and the manVerDate Sep 11 2014 01:00 Dec 04, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H7428.RH H7428

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1 ner in which such provider intends to col2 lect such amount. 

3 (C) ADDITIONAL DISCLOSURES RELATING

4 TO VOLUNTARY PAYMENTS.—If an earned wage 

5 access provider solicits, charges, or receives a vol6 untary payment from a consumer, such pro7 vider— 

8 (i) shall clearly and conspicuously dis9 close to the consumer, before the provider 

10 commences the transaction to which the vol11 untary payment is related, that such vol12 untary payment— 

13 (I) is voluntary; 

14 (II) is not a requirement for re15 ceiving earned wage access services; 

16 and 

17 (III) will not impact the fre18 quency with which such earned wages 

19 are disbursed to such consumer; and 

20 (ii) may not state that such voluntary 

21 payment will benefit any specific indi22 vidual. 

23 (D) CHANGES TO TERMS.—Each earned 

24 wage access provider shall notify each consumer 

25 with which such earned wage access provider has 


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1 entered an agreement to offer earned wage access 

2 services of any material changes to the terms and 

3 conditions of service used by such provider not 

4 less than 30 days before such material changes 

5 take effect. 

6 (E) REGULATIONS.—The Bureau shall, not 

7 less than 180 days after the date of the enact8 ment of this section, issue rules that govern the 

9 form and manner in which the disclosures de10 scribed in this section are provided to consumers. 

11 (3) CANCELLATION OF SERVICES.—If an earned 

12 wage access provider makes earned wage access serv13 ices available to a consumer on a recurring basis, 

14 such earned wage access provider— 

15 (A) shall allow such consumer to dis16 continue such services if such consumer provides 

17 reasonable notice to such earned wage access pro18 vider that such consumer desires to discontinue 

19 such services; and 

20 (B) may not impose any financial penalty 

21 on such consumer as a result of any discontinu22 ation of services. 

23 (4) DISPUTE PROCESS REQUIRED.—Each earned 

24 wage access provider shall develop and implement 


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1 policies and procedures to respond to questions and 

2 complaints from consumers relating to— 

3 (A) unauthorized disbursement of earned 

4 wages; 

5 (B) disbursement of earned wages in an in6 correct amount; 

7 (C) disbursed earned wages that were not 

8 received; 

9 (D) repayment of disbursed earned wages 

10 that is not received or was made in an incorrect 

11 amount; and 

12 (E) voluntary payments that were not au13 thorized or were made in an incorrect amount. 

14 (5) COMPELLING REPAYMENT OF DISBURSED

15 WAGES.— 

16 (A) IN GENERAL.—An earned wage access 

17 provider may not seek repayment of earned 

18 wages disbursed to a consumer by such provider 

19 by— 

20 (i) filing a civil suit; 

21 (ii) initiating arbitration proceedings; 

22 (iii) using the services of a debt col23 lector (as such term is defined in section 

24 803 of the Fair Debt Collection Practices 

25 Act); or 


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1 (iv) selling the rights to the repayment 

2 of the disbursed earned wages to a third3 party debt buyer. 

4 (B) EXCEPTIONS.—Subparagraph (A) shall 

5 not apply if an earned wage access provider is— 

6 (i) seeking repayment of earned wages 

7 disbursed to a consumer based on informa8 tion provided by the consumer that the con9 sumer knew was false; or 

10 (ii) pursuing the employer of the con11 sumer to which such provider disbursed 

12 earned wages for breach of its contractual 

13 obligations to the provider. 

14 (6) REIMBURSEMENT REQUIRED.—If an earned 

15 wage access provider seeks repayment of disbursed 

16 earned wages, payment of a fee, or a voluntary pay17 ment directly from a deposit account of a consumer, 

18 on an incorrect date or in an incorrect amount, and 

19 such attempt triggers an overdraft fee or non-suffi20 cient funds fee from the financial institution of the 

21 consumer, the earned wage access provider shall reim22 burse such consumer for such fee. 

23 (7) ADDITIONAL LIMITATIONS.—An earned wage 

24 access provider may not— 


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1 (A) share any fees, tips, gratuities, or other 

2 donations that were received from or charged to 

3 a consumer for earned wage access services with 

4 the employer of such consumer; 

5 (B) accept payment of fees or voluntary 

6 payments from a consumer though a credit card 

7 of the consumer, unless such credit card is pro8 vided to the consumer as a part of the earned 

9 wage access service; or 

10 (C) require a consumer to pay a late fee, de11 ferral fee, interest, or any other penalty or 

12 charge as a result of a failure by the consumer 

13 to pay a fee, tip, gratuity, or other donation re14 quested or applied by such provider. 

15 (8) DISCLOSURE TO EMPLOYER.—An earned 

16 wage access provider may disclose, to an employer 

17 with which such provider has a contract relating to 

18 earned wage access services, only such information 

19 about earned wage access services used by consumers 

20 who are employees of such employer as is necessary 

21 for such earned wage access provider to recover dis22 bursed wages. 

23 (9) NON-DISCRIMINATION.—It shall be unlawful 

24 for any earned wage access provider to discriminate 

25 against any consumer on the basis of race, color, reliVerDate Sep 11 2014 01:00 Dec 04, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H7428.RH H7428

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1 gion, national origin, sex, pregnancy, marital status, 

2 or age when offering earned wage access services. 

3 (b) RULEMAKING.—The Bureau may issue such rules 

4 as the Bureau determines appropriate to carry out this sec5 tion. 

6 (c) DEFINITIONS.—In this section: 

7 (1) BUREAU.—The term ‘‘Bureau’’ means the 

8 Bureau of Consumer Financial Protection. 

9 (2) CONSUMER.—The term ‘‘consumer’’ means a 

10 natural person. 

11 (3) EARNED WAGES.— 

12 (A) IN GENERAL.—The term ‘‘earned 

13 wages’’ means salary, wages, compensation, or 

14 other income that a consumer or an employer 

15 has represented and that an earned wage access 

16 provider has reasonably determined have been 

17 earned or have accrued to the benefit of the con18 sumer in exchange for the services provided by 

19 the consumer, but that have not yet been paid to 

20 the consumer by an employer. 

21 (B) SERVICES PROVIDED.—Services pro22 vided by the consumer to the employer include 

23 any services provided— 

24 (i) on an hourly, project-based, piece25 work, or other basis; or 


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1 (ii) when the consumer is acting as a 

2 contractor of the employer. 

3 (4) EARNED WAGE ACCESS SERVICES.—The term 

4 ‘‘earned wage access services’’ means the delivery of 

5 earned wages to a consumer based on— 

6 (A) employment, income, or attendance 

7 data provided by the employer of such consumer 

8 or a payroll service vendor contracted by the em9 ployer of such consumer; or 

10 (B) representations made by the consumer 

11 and the reasonable determination of the earned 

12 proceeds of such consumer by an earned wage ac13 cess provider. 

14 (5) EARNED WAGE ACCESS PROVIDER.— 

15 (A) IN GENERAL.—The term ‘‘earned wage 

16 access provider’’ means a person who provides 

17 earned wage access services to consumers. 

18 (B) EXCLUSIONS.—The term ‘‘earned wage 

19 access provider’’ does not include— 

20 (i) a person who is not obligated to 

21 provide access to earned wages as part of an 

22 earned wage access service; 

23 (ii) an employer that offers a portion 

24 of salary, wages, or compensation earned by 


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1 a consumer directly to such consumer prior 

2 to a normally scheduled pay date; 

3 (iii) a financial institution that per4 mits a consumer to access amounts associ5 ated with an electronic fund transfer from 

6 the employer of the consumer for which the 

7 financial institution has received informa8 tion but which has not yet settled; or 

9 (iv) a payroll service vendor that fa10 cilitates payments to a consumer of wages 

11 earned by such consumer. 

12 (6) PAYROLL SERVICE VENDOR.—The term ‘‘pay13 roll service vendor’’ means a vendor contracted by an 

14 employer to facilitate payment of employee wages in 

15 accordance with Federal, State, and local law, includ16 ing the Fair Labor Standards Act of 1938. 

17 (7) VOLUNTARY PAYMENT.—The term ‘‘voluntary 

18 payment’’ means any payment voluntarily made by 

19 a consumer to an earned wage access provider when 

20 accessing earned wage services, including a tip, gra21 tuity, or donation. 

22 (d) RULE OF CONSTRUCTION.—Voluntary payments 

23 and any fees paid by a consumer to an earned wage access 

24 provider may not be construed to be a ‘‘finance charge’’ as 

25 such term is defined in the Truth in Lending Act. 


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1 SEC. 3. CONFORMING AMENDMENTS. 

2 Section 103 of the Truth in Lending Act (15 U.S.C. 

3 1602) is amended— 

4 (1) in subsection (f), by striking ‘‘defer its pay5 ment’’ and inserting ‘‘defer its payment, but does not 

6 include earned wage access services as defined in the 

7 Earned Wage Access Consumer Protection Act’’; and 

8 (2) in subsection (g), by adding at the end the 

9 following: ‘‘The term creditor does not include earned 

10 wage access providers as such term is defined in the 

11 Earned Wage Access Consumer Protection Act.’’. 


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kjohnson on DSK7ZCZBW3PROD with $$_JOB
Union Calendar No. 650 

118TH CONGRESS 

2D SESSION H. R. 7428 

[Report No. 118–787] 

A BILL 

To regulate the business of offering and providing 

for other purposes. earned wage access services to consumers, and 

DECEMBER 3, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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