News & Analysis as of

Earned Wage Access Wage and Hour Consumer Financial Protection Bureau (CFPB)

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 58: Earned Wage Access: Charting a Clear Regulatory Path

Ian P. Moloney, Head of Policy and Regulatory Affairs at the American Fintech Council, joins RegFi co-hosts Jerry Buckley and Sherry Safchuk for a conversation about earned wage access (EWA), a service that affords workers...more

McGlinchey Stafford

The Earned Wage Access Boom: Sixteen States Propose Legislation to Regulate These Types of Products

McGlinchey Stafford on

Since the beginning of 2025, sixteen states have proposed legislation to regulate earned wage access. These states would join Kansas, Missouri, Nevada, South Carolina, and Wisconsin, which have each enacted legislation to...more

Troutman Pepper Locke

CFPB Says Earned Wage Access Products are Subject to the Truth in Lending Act

Troutman Pepper Locke on

Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed interpretive rule opining that earned wage access (EWA) products — whether provided through employer partnerships or marketed directly to...more

Ballard Spahr LLP

Earned Wage Access Products Are Not Loans, According to the AG of Montana

Ballard Spahr LLP on

On December 22, 2023, the Attorney General of Montana released an opinion (the “Opinion”) concluding that certain earned wage access (EWA) products are not “consumer loans” or “deferred deposit loans” under Montana law and do...more

Troutman Pepper Locke

Montana AG Opines That Earned Wage Access Products Do Not Constitute Loans

Troutman Pepper Locke on

On December 22, Montana Attorney General Austin Knudsen issued an opinion on whether Earned Wage Access (EWA) products constitute either “consumer loans” under Montana Code § 32-5-102(2)(a) or “deferred deposit loans” under §...more

Ballard Spahr LLP

CFPB comments on California proposal to supervise providers of earned wage access products

Ballard Spahr LLP on

The Consumer Financial Protection Bureau has sent a letter to the California Department of Financial Protection and Innovation (DFPI) commenting on the DFPI’s proposal that would require providers of “income-based advances”...more

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