Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Earned Wage Access 
Consumer Protection Act’’. 
SEC. 2. EARNED WAGE ACCESS SERVICES. 
(a) PROVISION
OF EARNED WAGE ACCESS SERV-
ICES.— 
(1) NO-COST OPTION REQUIRED.—If an earned 
wage access provider offers a consumer the option to 
receive earned wages in exchange for a fee, such 
earned wage access provider shall also offer such con-
sumer the option to obtain the same amount of earned 
wages at no cost to the consumer. 
(2) REQUIRED DISCLOSURES.— 
(A) 
DISCLOSURES
PRECEDING
AGREE-
MENT.—Each earned wage access provider shall 
disclose the following before entering into an 
agreement with a consumer: 
(i) Any limits on the amount of earned 
wages a customer may request from such 
provider, including— 
(I) any limits on the amount of 
earned wages a consumer may request 
from the provider each day; 
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(II) any limits on the amount of 
earned wages a consumer may request 
from the provider each pay period; and 
(III) any limits on the amount of 
earned wages a consumer may request 
from the provider that are based on a 
determination by the provider of the 
ratio between the amount of earned 
wages requested by the consumer and 
the total wages earned by the con-
sumer, and how such determination is 
made. 
(ii) Any fees that such provider may 
apply, and the amount of such fees, includ-
ing fees relating to expedited disbursement 
and subscriptions. 
(iii) A description of how the consumer 
may obtain earned wages without paying a 
fee. 
(iv) An overview of such provider’s use 
of voluntary payments that describes— 
(I) whether such provider will ac-
cept voluntary payments from the con-
sumer and in what amounts; and 
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(II) whether such provider will 
suggest the consumer provide voluntary 
payments and in what amounts. 
(B) DISCLOSURES PRECEDING APPROVAL OF 
REQUEST.—Each earned wage access provider 
shall disclose the following after approving any 
request from a consumer for access to earned 
wages but before disbursing such earned wages to 
such consumer: 
(i) The account number such provider 
has assigned to the consumer, if applicable. 
(ii) The amount of earned wages that 
will be provided to the consumer by such 
provider. 
(iii) The total amount of any fees ap-
plied by such provider. 
(iv) A list of any voluntary payments 
the consumer has agreed to provide. 
(v) The amount that such provider in-
tends to collect as repayment after dis-
bursing the earned wages, the date on which 
such provider intends to collect such amount 
or a description of when such provider in-
tends to collect such amount, and the man-
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ner in which such provider intends to col-
lect such amount. 
(C) ADDITIONAL
DISCLOSURES
RELATING 
TO VOLUNTARY PAYMENTS.—If an earned wage 
access provider solicits, charges, or receives a vol-
untary payment from a consumer, such pro-
vider— 
(i) shall clearly and conspicuously dis-
close to the consumer, before the provider 
commences the transaction to which the vol-
untary payment is related, that such vol-
untary payment— 
(I) is voluntary; 
(II) is not a requirement for re-
ceiving earned wage access services; 
and 
(III) will not impact the fre-
quency with which such earned wages 
are disbursed to such consumer; and 
(ii) may not state that such voluntary 
payment will benefit any specific indi-
vidual. 
(D) CHANGES
TO
TERMS.—Each earned 
wage access provider shall notify each consumer 
with which such earned wage access provider has 
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entered an agreement to offer earned wage access 
services of any material changes to the terms and 
conditions of service used by such provider not 
less than 30 days before such material changes 
take effect. 
(E) REGULATIONS.—The Bureau shall, not 
less than 180 days after the date of the enact-
ment of this section, issue rules that govern the 
form and manner in which the disclosures de-
scribed in this section are provided to consumers. 
(3) CANCELLATION OF SERVICES.—If an earned 
wage access provider makes earned wage access serv-
ices available to a consumer on a recurring basis, 
such earned wage access provider— 
(A) shall allow such consumer to dis-
continue such services if such consumer provides 
reasonable notice to such earned wage access pro-
vider that such consumer desires to discontinue 
such services; and 
(B) may not impose any financial penalty 
on such consumer as a result of any discontinu-
ation of services. 
(4) DISPUTE PROCESS REQUIRED.—Each earned 
wage access provider shall develop and implement 
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policies and procedures to respond to questions and 
complaints from consumers relating to— 
(A) unauthorized disbursement of earned 
wages; 
(B) disbursement of earned wages in an in-
correct amount; 
(C) disbursed earned wages that were not 
received; 
(D) repayment of disbursed earned wages 
that is not received or was made in an incorrect 
amount; and 
(E) voluntary payments that were not au-
thorized or were made in an incorrect amount. 
(5) COMPELLING
REPAYMENT
OF
DISBURSED 
WAGES.— 
(A) IN GENERAL.—An earned wage access 
provider may not seek repayment of earned 
wages disbursed to a consumer by such provider 
by— 
(i) filing a civil suit; 
(ii) initiating arbitration proceedings; 
(iii) using the services of a debt col-
lector (as such term is defined in section 
803 of the Fair Debt Collection Practices 
Act); or 
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(iv) selling the rights to the repayment 
of the disbursed earned wages to a third- 
party debt buyer. 
(B) EXCEPTIONS.—Subparagraph (A) shall 
not apply if an earned wage access provider is— 
(i) seeking repayment of earned wages 
disbursed to a consumer based on informa-
tion provided by the consumer that the con-
sumer knew was false; or 
(ii) pursuing the employer of the con-
sumer to which such provider disbursed 
earned wages for breach of its contractual 
obligations to the provider. 
(6) REIMBURSEMENT REQUIRED.—If an earned 
wage access provider seeks repayment of disbursed 
earned wages, payment of a fee, or a voluntary pay-
ment directly from a deposit account of a consumer, 
on an incorrect date or in an incorrect amount, and 
such attempt triggers an overdraft fee or non-suffi-
cient funds fee from the financial institution of the 
consumer, the earned wage access provider shall reim-
burse such consumer for such fee. 
(7) ADDITIONAL LIMITATIONS.—An earned wage 
access provider may not— 
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gion, national origin, sex, pregnancy, marital status, 
or age when offering earned wage access services. 
(b) RULEMAKING.—The Bureau may issue such rules 
as the Bureau determines appropriate to carry out this sec-
tion. 
(c) DEFINITIONS.—In this section: 
(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Consumer Financial Protection. 
(2) CONSUMER.—The term ‘‘consumer’’ means a 
natural person. 
(3) EARNED WAGES.— 
(A) 
IN
GENERAL.—The 
term 
‘‘earned 
wages’’ means salary, wages, compensation, or 
other income that a consumer or an employer 
has represented and that an earned wage access 
provider has reasonably determined have been 
earned or have accrued to the benefit of the con-
sumer in exchange for the services provided by 
the consumer, but that have not yet been paid to 
the consumer by an employer. 
(B) SERVICES
PROVIDED.—Services pro-
vided by the consumer to the employer include 
any services provided— 
(i) on an hourly, project-based, piece-
work, or other basis; or 
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(ii) when the consumer is acting as a 
contractor of the employer. 
(4) EARNED WAGE ACCESS SERVICES.—The term 
‘‘earned wage access services’’ means the delivery of 
earned wages to a consumer based on— 
(A) employment, income, or attendance 
data provided by the employer of such consumer 
or a payroll service vendor contracted by the em-
ployer of such consumer; or 
(B) representations made by the consumer 
and the reasonable determination of the earned 
proceeds of such consumer by an earned wage ac-
cess provider. 
(5) EARNED WAGE ACCESS PROVIDER.— 
(A) IN GENERAL.—The term ‘‘earned wage 
access provider’’ means a person who provides 
earned wage access services to consumers. 
(B) EXCLUSIONS.—The term ‘‘earned wage 
access provider’’ does not include— 
(i) a person who is not obligated to 
provide access to earned wages as part of an 
earned wage access service; 
(ii) an employer that offers a portion 
of salary, wages, or compensation earned by 
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a consumer directly to such consumer prior 
to a normally scheduled pay date; 
(iii) a financial institution that per-
mits a consumer to access amounts associ-
ated with an electronic fund transfer from 
the employer of the consumer for which the 
financial institution has received informa-
tion but which has not yet settled; or 
(iv) a payroll service vendor that fa-
cilitates payments to a consumer of wages 
earned by such consumer. 
(6) PAYROLL SERVICE VENDOR.—The term ‘‘pay-
roll service vendor’’ means a vendor contracted by an 
employer to facilitate payment of employee wages in 
accordance with Federal, State, and local law, includ-
ing the Fair Labor Standards Act of 1938. 
(7) VOLUNTARY PAYMENT.—The term ‘‘voluntary 
payment’’ means any payment voluntarily made by 
a consumer to an earned wage access provider when 
accessing earned wage services, including a tip, gra-
tuity, or donation. 
(d) RULE OF CONSTRUCTION.—Voluntary payments 
and any fees paid by a consumer to an earned wage access 
provider may not be construed to be a ‘‘finance charge’’ as 
such term is defined in the Truth in Lending Act. 
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SEC. 3. CONFORMING AMENDMENTS. 
Section 103 of the Truth in Lending Act (15 U.S.C. 
1602) is amended— 
(1) in subsection (f), by striking ‘‘defer its pay-
ment’’ and inserting ‘‘defer its payment, but does not 
include earned wage access services as defined in the 
Earned Wage Access Consumer Protection Act’’; and 
(2) in subsection (g), by adding at the end the 
following: ‘‘The term creditor does not include earned 
wage access providers as such term is defined in the 
Earned Wage Access Consumer Protection Act.’’. 
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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 
earned wage access services to consumers, and 
for other purposes. 
DECEMBER 3, 2024 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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