A provider must not use collections, fees, payment methods, or misleading statements in the ways listed here for earned wage access services.
§3591.4. Prohibited acts of a provider A provider shall not: (1) Compel or attempt to compel repayment by a consumer of outstanding proceeds, fees, voluntary tips, gratuities, or other donations through any of the following means: (a) By initiating a civil suit against the consumer in a court of competent jurisdiction. (b) By making unsolicited, outbound telephone calls. (c) By using a third party to pursue collection of outstanding proceeds or payments on the provider's behalf. (d) By selling any outstanding amounts to a third-party debt collector or debt purchaser. (2) Share with an employer any fees, voluntary tips, gratuities, or other donations that were received from or charged to a consumer for earned wage access services. (3) Require a consumer's credit score from a credit report to determine a consumer's eligibility for earned wage access services. (4) Accept payment from a consumer of outstanding proceeds, fees, voluntary tips, gratuities, or donations via credit card or charge card. (5) Charge a late fee, deferral fee, interest, or any other charge for failure to repay outstanding proceeds, fees, voluntary tips, gratuities, or other donations. (6) Condition the amount of proceeds a consumer is eligible to request or the frequency with which a consumer is eligible to request proceeds on whether the consumer pays fees, voluntary tips, gratuities, or other donations or on the size of any fee, voluntary tip, gratuity, or donation. (7) If he solicits or accepts voluntary tips, gratuities, or other donations, mislead or deceive consumers about the voluntary nature of the tips, gratuities, or other donations or make representations that tips, gratuities, or other donations will benefit any specific individuals. (8) Advertise, print, display, publish, distribute, broadcast or cause to be advertised, printed, displayed, published, distributed, or broadcasted, in any manner, any statement or representation with regard to the earned wage access services offered by the provider that does either of the following: (a) Is false, misleading, or deceptive. (b) Omits material information that is necessary to make the statement or representation not false, misleading, or deceptive. Acts 2025, No. 496, §1.