correct amount from, the date or amount dis-
closed to the consumer. 
(2) FRAUD EXCEPTION.—Paragraph (1) shall 
not apply to payments of outstanding proceeds, fees, 
or other amounts obtained by a consumer through 
fraudulent or other unlawful means. 
(f) CANCELING PARTICIPATION IN AN EARNED WAGE 
ACCESS SERVICE.—A provider that makes earned wage 
access services available to a consumer on a recurring 
basis shall allow that consumer to discontinue receiving 
future services upon reasonable notice without imposing 
a financial penalty on that consumer. 
(g) LIMITATIONS RELATED TO FEES AND OTHER 
PAYMENTS.— 
(1) A provider may not— 
(A) share with an employer any proceeds 
fees, voluntary tips, gratuities, or other dona-
tions that were received from or charged to a 
consumer for earned wage access services; 
(B) accept payment of outstanding pro-
ceeds, fees, voluntary tips, gratuities, or other 
donations from a consumer via credit card or 
charge card, unless such credit card or charge 
card is provided to the consumer as a part of 
the earned wage access service; or 
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(C) charge 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. 
(2) A provider may, when contractually re-
quired, disclose to an employer the date of a trans-
action associated with earned wage access services. 
(h) VOLUNTARY NATURE OF TIPS, GRATUITIES, AND 
OTHER DONATIONS.—If a provider solicits, charges, or re-
ceives a tip, gratuity, or other donation from a consumer, 
the provider shall— 
(1) clearly and conspicuously disclose to the 
consumer immediately prior to each transaction that 
a tip, gratuity, or other donation amount may be 
zero and is voluntary; 
(2) clearly and conspicuously disclose in its 
agreement with the consumer 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 con-
sumer, is not contingent on whether the consumer 
pays any tip, gratuity, or other donation or on the 
size of the tip, gratuity, or other donation; 
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(3) refrain from misleading or deceiving con-
sumers about the voluntary nature of such tips, gra-
tuities, or other donations; and 
(4) refrain from representing that tips, gratu-
ities, or other donations will benefit any specific in-
dividuals. 
(i) CONSUMER DISPUTE DEFINED.—In this section, 
the term ‘‘consumer dispute’’ means an allegation by a 
consumer that— 
(1) a payment of proceeds was— 
(A) not authorized; 
(B) in the incorrect amount; or 
(C) not received; 
(2) a repayment of proceeds was— 
(A) in the incorrect amount; or 
(B) not received; or 
(3) a fee, tip, gratuity, or other donation was— 
(A) not authorized; or 
(B) in the incorrect amount. 
SEC. 5. BUREAU AUTHORITY TO PROMULGATE REGULA-
TIONS APPLICABLE TO PROVIDERS. 
(a) IN GENERAL.—The Director of the Bureau shall 
have authority to regulate the provision of earned wage 
access services by providers. 
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(b) DEFINITION
OF
ENUMERATED
CONSUMER 
LAWS.—Section 1002(12) of the Consumer Financial Pro-
tection Act of 2010 (12 U.S.C. 5481(12)) is amended— 
(1) in subparagraph (Q), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (R), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(S) the Earned Wage Access Consumer 
Protection Act.’’. 
SEC. 6. APPLICATION OF TRUTH IN LENDING ACT. 
Proceeds provided to a consumer in compliance with 
this Act shall not be considered consumer credit, for pur-
poses of section 1602(f) of title 15, United States Code, 
and the provider of those proceeds shall not be considered 
a creditor for purposes of section 1602(g) of such title. 
Fees, tips, gratuities, and donations paid by a consumer 
to a provider shall not be considered finance charges for 
purposes of section 1605(a) of such title. 
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, may be construed to supercede any other requirement 
on a financial institution or employer found in Federal 
law. 
Æ 
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