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Earned Wage Access Consumer Protection Act
Introduced Jun 18, 2026 · Last action Jun 30, 2026 — Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 22.
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Summary
The Earned Wage Access Consumer Protection Act would require companies that offer early access to earned wages to be transparent about their fees and terms, and to give consumers the option to get their wages without paying a fee. This would help protect consumers from unfair practices and ensure they understand how these services work.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9330 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9330
To regulate the business of offering and providing earned wage access
services to consumers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2026
Mr. Steil introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To regulate the business of offering and providing earned wage access
services to consumers, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 Services.--
(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 consumer the option to obtain the same amount
of earned wages at no cost to the consumer.
(2) Required disclosures.--
(A) Disclosures preceding agreement.--Each earned
wage access provider shall disclose the following
before entering into an agreement with a consumer:
(i) Any limits on access to the earned
wages a consumer may request from such
provider, including--
(I) any limits on the amount of
earned wages a consumer may request
from the provider each day, pay period,
or other time period;
(II) any limits on the frequency or
number of disbursements of earned wages
a consumer may request from the
provider each day, pay period, or other
time period;
(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 consumer, and
how such determination is made.
(ii) Any fees that such provider may apply,
and the amount of such fees.
(iii) A clear and conspicuous description
of how the consumer may obtain earned wages
without paying a fee or tip.
(iv) An overview of such provider's use of
tips that describes--
(I) whether such provider will
accept tips from the consumer and in
what amounts; and
(II) whether such provider will
suggest the consumer provide tips and
in what amounts.
(B) Disclosures preceding disbursement of earned
wages.--Each earned wage access provider shall disclose
the following in a clear and conspicuous manner 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 applied
by such provider for such transaction.
(iv) A list of any tips the consumer has
chosen to provide for such transaction.
(v) The amount that such provider expects
to receive as payment after disbursing the
earned wages, the date on which such provider
expects to receive such amount or a description
of when such provider expects to receive such
amount, and the manner in which such provider
expects to receive such amount.
(C) Additional disclosures relating to fees and
tips.--Each earned wage access provider who, during a
calendar year, has disbursed earned wages and received
a fee or tip from a consumer shall provide the consumer
ongoing access to the following disclosures:
(i) The total amount of fees and tips that
the consumer has already paid in the then-
current pay period.
(ii) The total amount of fees and tips that
the consumer has already paid in the calendar
year-to-date.
(D) Additional disclosures relating to tips.--If an
earned wage access provider solicits, charges, or
receives a tip from a consumer, such provider--
(i) shall clearly and conspicuously
disclose to the consumer, before the provider
commences the transaction to which the tip is
related, that such tip--
(I) is voluntary;
(II) is not a requirement for
receiving earned wage access services;
and
(III) will not impact--
(aa) the amount of such
earned wages;
(bb) the frequency with
which such earned wages are
disbursed to such consumer; or
(cc) the consumer's
eligibility to use the
provider's earned wage access
services; and
(ii) may not state that such tip will
benefit any specific individual or group of
individuals other than the provider itself,
unless the statement is true.
(E) Changes to terms.--Each earned wage access
provider shall notify each consumer with which such
earned wage access provider has 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--
(i) 30 days before such material changes
take effect; or
(ii) a shorter amount of time before such
material changes take effect, if the consumer
has consented to such shorter amount of time.
(3) Cancellation of services.--If an earned wage access
provider makes earned wage access services available to a
consumer on a recurring basis, such earned wage access
provider--
(A) shall allow such consumer to discontinue such
services if such consumer provides notice to such
earned wage access provider that such consumer desires
to discontinue such services; and
(B) may not impose any financial penalty or
cancellation charge on such consumer as a result of any
discontinuation of services.
(4) Dispute process required.--Each earned wage access
provider shall develop and implement 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 incorrect
amount;
(C) disbursed earned wages that were not received;
(D) payment of disbursed earned wages that was not
received or was made in an incorrect amount; and
(E) fees or tips that were not authorized or were
made in an incorrect amount.
(5) Compelling payment for disbursed earned wages.--
(A) In general.--An earned wage access provider may
not seek payment for earned wages disbursed by such
provider to a consumer, including such disbursed earned
wages, or any related fees or tips, by--
(i) filing a civil suit against the
consumer;
(ii) initiating arbitration proceedings
against the consumer;
(iii) using the services of a debt
collector (as such term is defined in section
803 of the Fair Debt Collection Practices Act)
to collect amounts from the consumer; or
(iv) selling expected payment to a third-
party debt buyer for purposes of debt
collection from the consumer.
(B) Exception.--Subparagraph (A) shall not apply if
an earned wage access provider is seeking payment for
earned wages disbursed to a consumer based on
information provided by the consumer that the consumer
knew was false.
(6) Reimbursement required.--If an earned wage access
provider seeks payment of disbursed earned wages, a fee, or a
tip directly from a deposit account of a consumer, on a date
earlier than, or in an amount different from, what was
disclosed at the time of authorization and such attempt
triggers an overdraft fee or non-sufficient funds fee from the
consumer's financial institution (as defined in section 509 of
the Gramm-Leach-Bliley Act), the earned wage access provider
shall reimburse such consumer for such fee.
(7) Additional limitations.--An earned wage access provider
may not--
(A) share any fees or tips that were received from
or charged to a consumer for earned wage access
services with the employer of such consumer;
(B) accept payment of disbursed earned wages, fees,
or tips from a consumer through a credit card of the
consumer, unless such credit card is provided to the
consumer as a part of the earned wage access service;
(C) require a consumer to pay a late fee, deferral
fee, interest, or any other penalty or charge as a
result of a failure by the consumer to pay disbursed
earned wages, fees, or tips requested or applied by
such provider; or
(D) furnish information to a consumer reporting
agency (as defined in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a)) about a consumer's
earned wage access services activities.
(8) Disclosure to employer.--An earned wage access provider
may disclose to an employer with which such provider has a
contract relating to earned wage access services the date and
amount of a consumer's earned wage access transactions
associated with the earned wage access services. Subject to
applicable privacy laws, a provider may disclose information
necessary to perform under a contract with an employer relating
to additional products or services.
(9) Non-discrimination.--
(A) In general.--It shall be unlawful for any
earned wage access provider to discriminate against any
consumer on the basis of race, color, religion,
national origin, sex (including on the basis of
pregnancy, childbirth, or related medical conditions),
marital status, or age when offering earned wage access
services.
(B) Definitions.--In this paragraph--
(i) the terms ``race'', ``color'',
``religion'', ``national origin'', ``sex'',
``marital status'', and ``age'' have the same
meaning, respectively, as used in section 701
of the Equal Credit Opportunity Act (15 U.S.C.
1691) and rules issued thereunder; and
(ii) the terms ``pregnancy'',
``childbirth'', and ``related medical
conditions'' have the same meaning,
respectively, as used in section 701(k) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(k).
(10) Consumer data protections.--Each earned wage access
provider shall be deemed a ``financial institution'' for
purposes of subtitle A of title V of the Gramm-Leach-Bliley
Act.
(b) Relation to State Laws.--
(1) Preservation of state law.--Except as provided in
paragraph (2), nothing in this Act may be construed as
annulling, altering, affecting, or exempting any person from
complying with any State law, except to the extent that a State
law is inconsistent with the provisions of this Act, and then
only to the extent of the inconsistency.
(2) Preemption.--No State or political subdivision thereof
may impose, maintain, or enforce any laws, constitutions,
statutes, regulations, orders, or interpretations with respect
to earned wage access services that comply with this Act that--
(A) treat such services as credit, a loan, debt, or
a substantially similar product or service;
(B) treat a provider of such services as a
creditor, lender, or provider of a substantially
similar product or service; or
(C) prohibits or substantially restricts the
offering or provision of earned wage access services
that comply with this Act.
(3) Savings clause.--Nothing in this Act may be construed
to preempt, displace, or limit the authority of a State or
political subdivision thereof to enforce laws of general
applicability, including laws relating to fraud, deceit, unfair
or deceptive acts or practices, contracts, property, or
taxation.
(c) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Bureau shall issue such rules as are
necessary to carry out this Act.
(d) Rule of Construction.--Earned wage access services provided in
compliance with this Act, and any fees or tips received in connection
with such services, may not be considered credit, a loan, debt, an
obligation, liability, or consumer credit, and a person providing such
services shall not be considered a creditor or lender, and such fees or
tips shall not be considered interest or a finance charge, under
Federal law.
(e) 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
consumer 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 provided by the
consumer include any services provided--
(i) on an hourly, project-based, piecework,
salaried, or other basis; or
(ii) when the consumer is acting as a
contractor of the employer.
(4) 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 a
consumer directly to such consumer prior to a
normally scheduled pay date or as such wages
are accrued, irrespective of any scheduled
periodic pay cycle;
(iii) a financial institution (as defined
in section 509 of the Gramm-Leach-Bliley Act)
that permits a consumer to access amounts
associated with an electronic fund transfer
from the consumer's employer or a payroll
services vendor of the employer for which the
financial institution has received information
but which has not yet settled; or
(iv) a payroll service vendor in its
capacity as a facilitator of wage payments to a
consumer by an employer, exclusive of any
earned wage access services that such vendor
may provide.
(5) 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 obtained
directly or indirectly from the employer of such
consumer or a payroll service vendor, or other vendors,
contracted by the employer of such consumer; or
(B) representations made by the consumer and the
reasonable determination of the earned wages of such
consumer by an earned wage access provider, based on
information made available or accessible to the
provider by the consumer.
(6) Employer.--The term ``employer''--
(A) means a person who employs a consumer, or any
other person who is contractually obligated to pay a
consumer salary, wages, compensation, or other income
in exchange for services provided to the person or on
the person's behalf; and
(B) does not include--
(i) a customer of a person; or
(ii) a person whose obligation to pay
salary, wages, compensation, or other income to
a consumer is not based on the services
provided for or on behalf of that person.
(7) Fee.--The term ``fee'' means--
(A) a fee for delivery, or expedited delivery, of
proceeds to a consumer; or
(B) a subscription, participation, or membership
fee for earned wage access services or a group of
services that includes earned wage access services.
(8) Payroll service vendor.--The term ``payroll service
vendor'' means a vendor contracted directly or indirectly by an
employer to facilitate payment of employee wages in accordance
with Federal, State, and local law, including the Fair Labor
Standards Act of 1938, or to provide or verify employment,
income, or attendance data.
(9) Tip.--The term ``tip'' means any gratuity, donation, or
other voluntary payment that is--
(A) made by a consumer to an earned wage access
provider;
(B) provided gratuitously and without any
consequence for nonpayment;
(C) not subject to negotiation, and
(D) in an amount determined by the consumer.
(10) State.--The term ``State'' means each of the several
States, the District of Columbia, and any territory of the
United States.
SEC. 3. CONFORMING AMENDMENTS.
(a) Consumer Financial Protection Act of 2010.--Section 1002 of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5481) is amended--
(1) in paragraph (12)--
(A) in subparagraph (Q), by striking ``and'' at the
end;
(B) in subparagraph (R), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(S) the Earned Wage Access Consumer Protection
Act.''; and
(2) in paragraph (15)(A)--
(A) by redesignating clauses (x) and (xi) as
clauses (xi) and (xii), respectively; and
(B) by inserting after clause (ix) the following:
``(x) providing earned wage access
services, as defined in section 2 of the Earned
Wage Access Consumer Protection Act;''.
(b) Truth in Lending Act.--Section 103 of the Truth in Lending Act
(15 U.S.C. 1602) is amended--
(1) in subsection (f), by striking ``defer its payment''
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.''.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Topics
Labor & EmploymentTechnology & Privacy
Sponsors
- Rep. Steil, Bryan [R-WI-1]RHouseWI
Cosponsors
No cosponsors on record.
Votes
Voting records are not yet available for this bill.