Earned Wage Access Consumer Protection Act
- Bill Number
- H.R. 9330
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Finance and Financial Sector
- Status
- Introduced
- Latest Action
- 2026-06-30: Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 22.
- Last Updated
- 2026-07-06T18:13:31Z
AI-Generated Summary
Purpose This legislation establishes federal standards for earned wage access (EWA) services, which allow consumers to receive wages they have earned but not yet received from an employer. The bill aims to protect consumers by requiring transparency, prohibiting certain practices, and clarifying that compliant EWA services are not treated as credit or loans under federal law.
Key Provisions
- No-cost option: Providers offering fee-based EWA must also provide an equivalent no-cost option.
- Disclosures: Providers must give consumers clear information before an agreement (limits on access, fees, no-cost options, tip policies), before disbursement (amounts, fees, tips, repayment details), and ongoing (total fees and tips paid). Additional rules govern tip solicitations, requiring disclosure that tips are voluntary and do not affect service access.
- Cancellation and disputes: Consumers may cancel recurring services without penalty; providers must maintain processes for handling complaints about unauthorized or incorrect disbursements, payments, fees, or tips.
- Collection restrictions: Providers may not use lawsuits, arbitration, debt collectors, or debt sales to recover disbursed wages, fees, or tips (with an exception for false consumer information).
- Reimbursement and limits: Providers must reimburse consumers for overdraft or non-sufficient funds fees caused by incorrect payment attempts; they are barred from sharing fees with employers, accepting most credit card payments, imposing late or deferral fees, or reporting EWA activity to credit agencies.
- Employer disclosures and non-discrimination: Limited information may be shared with employers; discrimination based on race, color, religion, national origin, sex (including pregnancy), marital status, or age is prohibited.
- Privacy and state relations: Providers are treated as financial institutions under the Gramm-Leach-Bliley Act for privacy purposes. The bill preserves most state laws but preempts those that classify compliant EWA as credit, loans, or debt or that ban such services.
- Rulemaking and construction: The Consumer Financial Protection Bureau (CFPB) must issue implementing rules within 180 days; EWA services and related fees/tips are explicitly not considered credit, loans, debt, or finance charges under federal law.
Significant Changes to Existing Law
- Amends the Consumer Financial Protection Act to include EWA services within the CFPB’s regulatory authority and definitions.
- Modifies the Truth in Lending Act to exclude EWA services from the definitions of “credit” and “creditor.”
- Introduces a federal framework that preempts certain state laws regulating EWA while leaving general consumer protection laws intact.
Potential Impacts
- Government agencies: Grants the CFPB new rulemaking and oversight responsibilities; may reduce state-level regulatory variation in EWA treatment.
- Citizens: Increases consumer protections through mandatory disclosures, cancellation rights, and limits on aggressive collection, while clarifying that EWA is not credit.
- International relations: No direct effects identified in the legislation.
Main Stakeholders Affected
- Earned wage access providers
- Consumers using EWA services
- Employers contracting with providers
- The Consumer Financial Protection Bureau (CFPB)
- State governments and their regulatory agencies
Notable Legal, Constitutional, or Political Implications
- Establishes a federal preemption standard that limits states’ ability to regulate compliant EWA services as credit products.
- Applies existing non-discrimination standards from the Equal Credit Opportunity Act and Civil Rights Act to EWA.
- Creates a rule of construction that shields compliant providers from certain federal credit regulations, potentially affecting future litigation or enforcement.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-06-30: Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 22.
- 2026-06-30: Committee Consideration and Mark-up Session Held
- 2026-06-18: Referred to the House Committee on Financial Services.
- 2026-06-18: Introduced in House
- 2026-06-18: Introduced in House
Bill Versions
- Earned Wage Access Consumer Protection Act — issued 2026-06-18 — PDF (18 pages)