§ 12–1501
Statutes in effect as of October 1, 2026.
Md. Code Ann., Com. Law § 12-1501 (2026)
Title 12. Credit Regulations
Subtitle 15. Earned Wage Access
§ 12–1501LinkCopy Citation
(a)
In this subtitle the following terms have the meanings indicated.
(b)
“Bank” has the meaning stated in § 1–201 of this article.
(c)
“Consumer–directed earned wage access” means delivery to a consumer of access to unpaid but earned wages:
(1)
That is provided to a consumer by a third party who does not have a relationship with the consumer’s employer;
(2)
That is based on employment, income, or attendance data obtained directly from the consumer; and
(3)
Where the consumer does not pay the provider interest.
(d)
“Consumer reporting agency” has the meaning stated in § 14–1201 of this article.
(e)
“Earned wage” means salary, wages, compensation, or other income earned:
(1)
On an hourly, project–based, piecework, or other basis; or
(2)
Through services rendered as an independent contractor.
(f)
“Earned wage access” means:
(1)
Consumer–directed earned wage access; or
(2)
Employer–integrated earned wage access.
(g)
“Employer–integrated earned wage access” means delivery of unpaid but earned wages:
(1)
That are provided to a consumer directly by a person the employer has contracted to provide the service;
(2)
That are determined based on employment, income, or attendance data obtained directly or indirectly from the consumer’s employer, including a payroll service provider; and
(3)
Where the consumer does not pay the provider interest.
(h)
(1)
“Fee” means:
(i)
A fee imposed by a provider for delivery or expedited delivery of earned wage access to a consumer; or
(ii)
A subscription or membership fee imposed by a provider for a group of services that includes earned wage access.
(2)
“Fee” does not include a voluntary tip, gratuity, or other donation.
(i)
(1)
“Interest” has the meaning stated in § 12–101 of this title.
(2)
“Interest” does not include a fee imposed by an earned wage access provider licensed under Title 11, Subtitle 2 of the Financial Institutions Article.
(j)
(1)
“Loan” has the meaning stated in § 12–101 of this title.
(2)
“Loan” includes earned wage access, subject to the provisions of this subtitle.
(k)
“Payroll period” means a period of time during which a consumer earns wages that an employer owes to the employee at the end of the period.
(l)
“Proceeds” means a payment to a consumer by a provider that is based on unpaid but earned wages.
(m)
(1)
“Provider” means a person who provides to consumers either consumer–directed earned wage access or employer–integrated earned wage access.
(2)
“Provider” does not include:
(i)
A service provider, such as a payroll service provider, that may verify the available earnings of a consumer but that is not contractually obligated to fund any proceeds delivered as part of an earned wage access service; or
(ii)
An employer that offers a portion of salary, wages, or other compensation directly to its employees or independent contractors before a normally scheduled pay date for a payroll period.
(n)
“Tip” has the meaning stated in § 12–101 of this title.
(o)
“Wages” has the meaning stated in § 12–101 of this title.