H.R. 9330

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9330 Introduced in House (IH)]

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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.''.
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