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<section article="gcl" article_name="Commercial Law" number="12-1503" title_number="12" title_name="Credit Regulations" subtitle_number="15" subtitle_name="Earned Wage Access">
  <level label="a">
    <text>A provider of earned wage access shall:</text>
    <level label="1">
      <text>Develop and implement policies and procedures to respond to questions raised by consumers;</text>
    </level>
    <level label="2">
      <text>Address complaints from consumers in an expedient manner;</text>
    </level>
    <level label="3">
      <text>Whenever the provider offers a consumer the option to receive earned wage access services for a fee, offer the consumer at least one reasonable option to obtain earned wage access at no cost to the consumer;</text>
    </level>
    <level label="4">
      <text>Clearly explain to a consumer how to elect a no–cost option described in item (3) of this subsection;</text>
    </level>
    <level label="5">
      <text>Before entering into an agreement with a consumer for the provision of earned wage access services:</text>
      <level label="i">
        <text>Inform the consumer of the consumer’s rights under the agreement; and</text>
      </level>
      <level label="ii">
        <text>Fully and clearly disclose all fees associated with the earned wage access services;</text>
      </level>
    </level>
    <level label="6">
      <text>Inform a consumer of any material changes to the terms and conditions of the earned wage access services before implementing those changes for that consumer;</text>
    </level>
    <level label="7">
      <text>Allow a consumer to cancel use of the provider’s earned wage access services at any time without incurring a cancellation fee imposed by the provider;</text>
    </level>
    <level label="8">
      <text>Comply with all applicable local, state, and federal privacy and information security laws;</text>
    </level>
    <level label="9">
      <text>Clearly and conspicuously disclose in the provider’s service contract with the consumer that the provider is prohibited by law from soliciting or retaining tips, gratuities, or other donations;</text>
    </level>
    <level label="10">
      <text>Provide proceeds to a consumer by any means mutually agreed upon by the consumer and the provider; and</text>
    </level>
    <level label="11">
      <text>Except as provided in subsection (b) of this section, if the provider will seek repayment of outstanding proceeds or payment of fees or other amounts owed or incurred from a consumer’s account at a bank in connection with earned wage access services covered by this subtitle, including by means of electric fund transfer:</text>
      <level label="i">
        <text>Comply with the federal Electronic Fund Transfer Act and regulations adopted to implement the Act; and</text>
      </level>
      <level label="ii">
        <text>Reimburse the consumer within 5 business days for the full amount of any overdraft or nonsufficient fund fees imposed on a consumer by the consumer’s bank that were caused by the provider attempting to seek repayment of any outstanding proceeds or payment of fees in connection with earned wage access services covered by this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Subsection (a)(11) of this section does not apply to a provider seeking repayment of outstanding proceeds or payment of fees or other amounts owed that were received or incurred by a consumer through fraudulent or other unlawful means.</text>
  </level>
</section>
