,,ib ,union ,calendar ,no4 #fej #aahth ,,congress #b;d ,session ,h4 ,r4 #gdbh ,report ,no4 #aah-ghg ,,in ,,the ,,house ,,of ,,representatives ,february #bj1 #bjbd,mr4 ,steil 7for himself and ,mr4 ,hill7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,december #c1 #bjbd;,additional sponsors3 ,mr4 ,donalds1 ,mr4 ,meuser1 ,mr4 ,barr1 ,mr4 ,luetkemeyer1 and ,mr4 ,sessions ,december #c1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,february #bj1 #bjbd ,a ,,bill ,to regulate the business of offering and providing earned wage access services to consumers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,earned ,wage ,access ,consumer ,protection ,act4 #b4 ,earned wage access services 7a7 ,provision of earned wage access services 7#a7 ,no-cost option required ,if an earned wage access provider offers a consumer the option to receive earned wages in exchange for a fee1 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 consumer4 7#b7 ,required disclosures 7,a7 ,disclosures preceding agreement ,each earned wage access provider shall disclose the following before entering into an agreement with a consumer3 7i7 ,any limits on the amount of earned wages a customer may request from such provider1 including-- 7,i7 any limits on the amount of earned wages a consumer may request from the provider each day2 7,,ii7 any limits on the amount of earned wages a consumer may request from the provider each pay period2 and 7,,iii7 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 consumer1 and how such determination is made4 7ii7 ,any fees that such provider may apply1 and the amount of such fees1 including fees relating to expedited disbursement and subscriptions4 7iii7 ,a description of how the consumer may obtain earned wages without paying a fee4 7iv7 ,an overview of such provider's use of voluntary payments that describes-- 7,i7 whether such provider will accept voluntary payments from the consumer and in what amounts2 and 7,,ii7 whether such provider will suggest the consumer provide voluntary payments and in what amounts4 7,b7 ,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 consumer3 7i7 ,the account number such provider has assigned to the consumer1 if applicable4 7ii7 ,the amount of earned wages that will be provided to the consumer by such provider4 7iii7 ,the total amount of any fees applied by such provider4 7iv7 ,a list of any voluntary payments the consumer has agreed to provide4 7v7 ,the amount that such provider intends to collect as repayment after disbursing the earned wages1 the date on which such provider intends to collect such amount or a description of when such provider intends to collect such amount1 and the manner in which such provider intends to collect such amount4 7,c7 ,additional disclosures relating to voluntary payments ,if an earned wage access provider solicits1 charges1 or receives a voluntary payment from a consumer1 such provider-- 7i7 shall clearly and conspicuously disclose to the consumer1 before the provider commences the transaction to which the voluntary payment is related1 that such voluntary payment-- 7,i7 is voluntary2 7,,ii7 is not a requirement for receiving earned wage access services2 and 7,,iii7 will not impact the frequency with which such earned wages are disbursed to such consumer2 and 7ii7 may not state that such voluntary payment will benefit any specific individual4 7,d7 ,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 #cj days before such material changes take effect4 7,e7 ,regulations ,the ,bureau shall1 not less than #ahj days after the date of the enactment of this section1 issue rules that govern the form and manner in which the disclosures described in this section are provided to consumers4 7#c7 ,cancellation of services ,if an earned wage access provider makes earned wage access services available to a consumer on a recurring basis1 such earned wage access provider-- 7,a7 shall allow such consumer to discontinue such services if such consumer provides reasonable notice to such earned wage access provider that such consumer desires to discontinue such services2 and 7,b7 may not impose any financial penalty on such consumer as a result of any discontinuation of services4 7#d7 ,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-- 7,a7 unauthorized disbursement of earned wages2 7,b7 disbursement of earned wages in an incorrect amount2 7,c7 disbursed earned wages that were not received2 7,d7 repayment of disbursed earned wages that is not received or was made in an incorrect amount2 and 7,e7 voluntary payments that were not authorized or were made in an incorrect amount4 7#e7 ,compelling repayment of disbursed wages 7,a7 ,in general ,an earned wage access provider may not seek repayment of earned wages disbursed to a consumer by such provider by-- 7i7 filing a civil suit2 7ii7 initiating arbitration proceedings2 7iii7 using the services of a debt collector 7as such term is defined in section #hjc of the ,fair ,debt ,collection ,practices ,act72 or 7iv7 selling the rights to the repayment of the disbursed earned wages to a third-party debt buyer4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply if an earned wage access provider is-- 7i7 seeking repayment of earned wages disbursed to a consumer based on information provided by the consumer that the consumer knew was false2 or 7ii7 pursuing the employer of the consumer to which such provider disbursed earned wages for breach of its contractual obligations to the provider4 7#f7 ,reimbursement required ,if an earned wage access provider seeks repayment of disbursed earned wages1 payment of a fee1 or a voluntary payment directly from a deposit account of a consumer1 on an incorrect date or in an incorrect amount1 and such attempt triggers an overdraft fee or non-sufficient funds fee from the financial institution of the consumer1 the earned wage access provider shall reimburse such consumer for such fee4 7#g7 ,additional limitations ,an earned wage access provider may not-- 7,a7 share any fees1 tips1 gratuities1 or other donations that were received from or charged to a consumer for earned wage access services with the employer of such consumer2 7,b7 accept payment of fees or voluntary payments from a consumer though a credit card of the consumer1 unless such credit card is provided to the consumer as a part of the earned wage access service2 or 7,c7 require a consumer to pay a late fee1 deferral fee1 interest1 or any other penalty or charge as a result of a failure by the consumer to pay a fee1 tip1 gratuity1 or other donation requested or applied by such provider4 7#h7 ,disclosure to ,employer ,an earned wage access provider may disclose1 to an employer with which such provider has a contract relating to earned wage access services1 only such information about earned wage access services used by consumers who are employees of such employer as is necessary for such earned wage access provider to recover disbursed wages4 7#i7 ,non-discrimination ,it shall be unlawful for any earned wage access provider to discriminate against any consumer on the basis of race1 color1 religion1 national origin1 sex1 pregnancy1 marital status1 or age when offering earned wage access services4 7b7 ,rulemaking ,the ,bureau may issue such rules as the ,bureau determines appropriate to carry out this section4 7c7 ,definitions ,in this section3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,consumer ,financial ,protection4 7#b7 ,consumer ,the term consumer means a natural person4 7#c7 ,earned wages 7,a7 ,in general ,the term earned wages means salary1 wages1 compensation1 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 consumer1 but that have not yet been paid to the consumer by an employer4 7,b7 ,services provided ,services provided by the consumer to the employer include any services provided-- 7i7 on an hourly1 project-based1 piecework1 or other basis2 or 7ii7 when the consumer is acting as a contractor of the employer4 7#d7 ,earned wage access services ,the term earned wage access services means the delivery of earned wages to a consumer based on-- 7,a7 employment1 income1 or attendance data provided by the employer of such consumer or a payroll service vendor contracted by the employer of such consumer2 or 7,b7 representations made by the consumer and the reasonable determination of the earned proceeds of such consumer by an earned wage access provider4 7#e7 ,earned ,wage ,access ,provider 7,a7 ,in general ,the term earned wage access provider means a person who provides earned wage access services to consumers4 7,b7 ,exclusions ,the term earned wage access provider does not include-- 7i7 a person who is not obligated to provide access to earned wages as part of an earned wage access service2 7ii7 an employer that offers a portion of salary1 wages1 or compensation earned by a consumer directly to such consumer prior to a normally scheduled pay date2 7iii7 a financial institution that permits a consumer to access amounts associated with an electronic fund transfer from the employer of the consumer for which the financial institution has received information but which has not yet settled2 or 7iv7 a payroll service vendor that facilitates payments to a consumer of wages earned by such consumer4 7#f7 ,payroll service vendor ,the term payroll service vendor means a vendor contracted by an employer to facilitate payment of employee wages in accordance with ,federal1 ,state1 and local law1 including the ,fair ,labor ,standards ,act of #aich4 7#g7 ,voluntary payment ,the term voluntary payment means any payment voluntarily made by a consumer to an earned wage access provider when accessing earned wage services1 including a tip1 gratuity1 or donation4 7d7 ,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 ,act4 #c4 ,conforming amendments ,section #ajc of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjb7 is amended-- 7#a7 in subsection 7f71 by striking defer its payment and inserting defer its payment1 but does not include earned wage access services as defined in the ,earned ,wage ,access ,consumer ,protection ,act2 and 7#b7 in subsection 7g71 by adding at the end the following3 ,the term creditor does not include earned wage access providers as such term is defined in the ,earned ,wage ,access ,consumer ,protection ,act44 ,december #c1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed