H.R. 9330: Earned Wage Access Consumer Protection Act

• must provide an alternative no-cost option for receiving earned wages if the provider offers an option to receive earned wages for a fee;
• are prohibited from bringing civil suits or from pursuing collection to compel repayment, except in cases of fraud; and
• must reimburse the consumer for overdraft fees or penalties imposed on a consumer by their depository institution if incurred because of an error by the provider.

Providers must inform consumers of their rights under an agreement for an earned wage access product and disclose all associated fees before the consumer enters into an agreement. Providers must also inform consumers how to obtain earned wages without paying a fee or tip in a clear and conspicuous manner.

Providers are prohibited from sharing fees or tips with the consumer’s employer. The bill also limits the form of payment providers may accept from consumers and limits certain additional fees for failure to pay.

A provider may not set a default tip at an amount greater than $0 for such services.