§3591.3. Required acts of a provider

            A provider shall:

            (1) Develop and implement policies and procedures for responding to questions raised by consumers and addressing complaints from consumers.

            (2) Before entering into an agreement with a consumer for the provision of earned wage access services, do all of the following:

            (a) Inform the consumer of the consumer's rights under the agreement.

            (b) Fully and clearly disclose to the consumer all provider-imposed fees or a schedule of fees associated with the provision of earned wage access services.

            (3) Inform the consumer of any material changes to the terms and conditions of the earned wage access services agreement before implementing those changes.

            (4) Allow the consumer to cancel use of the provider's earned wage access services at any time, without incurring a fee for that cancellation.

            (5) Whenever he offers a consumer the option to receive proceeds for a fee or solicits a tip, gratuity, or other donation, provide the consumer at least one reasonable option to obtain the same amount of proceeds at no cost and clearly explain how the consumer may select the no-cost option.

            (6) Comply with all applicable local, state, and federal privacy and information security laws.

            (7) Provide proceeds to a consumer via any means mutually agreed upon by the consumer and the provider.

            (8) If he seeks repayment of outstanding proceeds, fees, voluntary tips, gratuities, or other donations from a consumer's account at a depository institution, including via electronic transfer, do all of the following:

            (a) Comply with applicable provisions of the federal Electronic Fund Transfer Act, 15 U.S.C. 1693 et seq., and its implementing regulations.

            (b) Reimburse the consumer for the full amount of any overdraft or non-sufficient funds fees imposed on that consumer by the consumer's depository institution, which were caused by the provider's attempt to seek payment of any outstanding proceeds, fees, voluntary tips, gratuities, or other donations on a date before, or in an incorrect amount from, the date or amount disclosed to the consumer. The provisions of this Subparagraph shall not apply with respect to payments of outstanding proceeds, fees, tips, gratuities, or other donations incurred by a consumer through fraudulent means.

            (9) If he solicits or receives a tip, gratuity, or donation from a consumer, do all of the following:

            (a) Clearly and conspicuously disclose to the consumer immediately prior to each transaction that a tip, gratuity, or donation amount may be zero and is voluntary.

            (b) Clearly and conspicuously disclose in the agreement with the consumer that tips, gratuities, or donations are voluntary and that the offering of earned wage access services, including the amount of proceeds a consumer is eligible to request and the frequency with which proceeds are provided to a consumer, is not contingent on whether the consumer pays any tip, gratuity, or donation or on the size of any tip, gratuity, or donation.

            Acts 2025, No. 496, §1.