Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 279 (2025GS)

Sponsor

Rep. Maloy, A. Cory

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• enacts provisions related to earned wage access services, including provider registration and renewal;
• directs the Division of Consumer Protection to administer and enforce the Earned Wage Access Services Act;
• provides penalties for violation; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

19
13-2-1
13-75-101
13-75-102
13-75-103
13-75-104
13-75-105
13-75-106
13-2-1
13-75-101
13-75-102
13-75-103
13-75-104
13-75-105
13-75-106
0
Earned Wage Access Services Act
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: Chris H. Wilson
LONG TITLE
General Description:
This bill enacts the Earned Wage Access Services Act. 
Highlighted Provisions:
This bill:
defines terms;
 enacts provisions related to earned wage access services, including provider registration 
and renewal;
directs the Division of Consumer Protection to administer and enforce the Earned Wage 
Access Services Act;
provides penalties for violation; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-2-1
, as last amended by Laws of Utah 2024, Chapter 132
ENACTS:
13-75-101
, Utah Code Annotated 1953
13-75-102
, Utah Code Annotated 1953
13-75-103
, Utah Code Annotated 1953
13-75-104
, Utah Code Annotated 1953
13-75-105
, Utah Code Annotated 1953
13-75-106
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-2-1
 is amended to read:
13-2-1
. Consumer protection division established -- Functions.
(1)
There is established within the Department of Commerce the Division of Consumer 
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter 
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Disclosure Act;
(r)
Chapter 53, Residential, Vocational and Life Skills Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 63, Utah Social Media Regulation Act;
(x)
Chapter 64, Vehicle Value Protection Agreement Act;
(y)
Chapter 65, Utah Commercial Email Act;
(z)
Chapter 67, Online Dating Safety Act; 
(aa)
Chapter 68, Lawyer Referral Consultants Registration Act;
(bb)
Chapter 70, Automatic Renewal Contracts Act;
 and
(cc)
Chapter 71, Utah Minor Protection in Social Media Act
.
; and
(dd)
Chapter 75, Earned Wage Access Services Act.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division may make rules to establish:
(a)
a public list that identifies a person 
who
that
:
(i)
violates a chapter described in Subsection (2);
(ii)
without proper legal justification, fails to comply with an order, subpoena, 
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance, 
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as 
described in Subsection (3)(a).
Section 2, Section 
13-75-101
 is enacted to read:
75. EARNED WAGE ACCESS SERVICES ACT
13-75-101
. Definitions.
As used in this chapter:
(1)
"Consumer" means an individual who resides in the state.
(2)
"Earned but unpaid income" means compensation, including salary, wages, or other 
income, that is:
(a)
earned or accrued by a consumer through services provided to an employer or as an 
independent contractor; and
(b)
not paid yet to the consumer by the employer or hiring party.
(3)
"Earned wage access services" means the payment of funds to a consumer determined 
by:
(a)
(i)
a consumer's representation; and
(ii)
the provider's reasonable determination of earned but unpaid income; or
(b)
employment, income, and attendance data obtained directly or indirectly by a 
provider from an employer or an employer's payroll service provider.
(4)
(a)
"Fee" means a charge the provider imposes on a consumer for earned wage access 
services, expedited delivery of funds, or a subscription or membership that includes 
earned wage access services.
(b)
"Fee" does not include a voluntary tip, gratuity, or donation.
(5)
(a)
"Provider" means a person engaged in the business of offering earned wage access 
services.
(b)
"Provider" does not include:
(i)
a service provider, such as a payroll service provider, that verifies, but does not 
fund, earned wages;
(ii)
an employer that advances a portion of earned wages directly to employees or 
independent contractors; or
(iii)
a person regulated under Title 7, Financial Institutions Act.
Section 3, Section 
13-75-102
 is enacted to read:
13-75-102
. Provider registration and registration renewal.
(1)
Except as provided in Subsection 
(4)
, a person may not act as a provider without 
registering with the division.
(2)
To register as a provider, a person shall submit to the division a registration application:
(a)
in the manner the division determines; and
(b)
that includes:
(i)
a registration application fee in an amount the division determines in accordance 
with Sections 
13-1-2
 and 
63J-1-504
;
(ii)
a copy of the agreement for earned wage access services the provider uses with a 
consumer; and
(iii)
any information that the division requires by rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
Each year a provider shall renew the provider's registration by submitting to the division 
an application for registration renewal:
(a)
in a manner the division determines; and
(b)
that includes:
(i)
a registration renewal application fee in an amount the division determines in 
accordance with Sections 
13-1-2
 and 
63J-1-504
; and
(ii)
any information the division requires by rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(4)
A person that acts as a provider on May 7, 2025, may continue to act as a provider:
(a)
if the person:
(i)
applies for registration in accordance with this section on or before October 6, 
2025; and
(ii)
complies with the requirements of this chapter; and
(b)
until the day on which the division issues a decision on the registration application 
after which:
(i)
a person for which a registration application is denied may no longer operate; and
(ii)
a person for which a registration application is granted may operate as provider.
(5)
(a)
The division shall require a provider's principal to:
(i)
submit a fingerprint card in a form acceptable to the division; and
(ii)
consent to a criminal background check by:
(A)
the Federal Bureau of Investigation;
(B)
the Utah Bureau of Criminal Identification; or
(C)
another agency of any state that performs criminal background checks.
(b)
The provider shall pay the cost of:
(i)
the fingerprint card described in Subsection (5)(a)(i); and
(ii)
the criminal background check described in Subsection (5)(a)(ii).
(6)
The division may grant or deny the registration application or the renewal application in 
accordance with Section 
13-75-105
.
Section 4, Section 
13-75-103
 is enacted to read:
13-75-103
. Regulation of earned wage access services.
(1)
A provider is exempt from Title 7, Financial Institutions Act, and Title 12, Collection 
Agencies.
(2)
A provider shall:
(a)
develop and implement procedures to address consumer questions and complaints;
(b)
before entering into an agreement for earned wage access services with a consumer, 
clearly and conspicuously disclose:
(i)
the consumer's rights under the agreement;
(ii)
all fees; and
(iii)
any voluntary tip, gratuity, or donation opportunities;
(c)
(i)
obtain customer consent to changes to terms and conditions of the earned wage 
access services; or
(ii)
clearly and conspicuously disclose any material changes to terms and conditions 
of the earned wage access services at least 30 days before the effective date of the 
material changes;
(d)
allow a consumer to cancel the use of earned wage access services at any time 
without incurring a penalty;
(e)
offer at least one no-fee option to receive funds and clearly and conspicuously 
disclose how to select the no-fee option to receive funds;
(f)
comply with all applicable local, state, and federal privacy and information security 
laws;
(g)
deliver funds through any method agreed upon by the consumer and provider;
(h)
reimburse overdraft or non-sufficient fund fees the consumer incurs as a result of the 
provider's error in disclosed or actual payment amount or payment date unless the 
funds were acquired by a consumer through fraudulent means;
(i)
clearly and conspicuously disclose the voluntary nature of tips, gratuities, or 
donations and ensure the availability or terms of the earned wage access services are 
not contingent upon the payment of tips, gratuities, or donations;
(j)
provide information to a consumer on how to file a complaint with the division;
(k)
provide the following disclosures to a consumer at the time the consumer makes a 
request for funds:
(i)
the anticipated timeline the consumer will receive the requested funds;
(ii)
the amount of funds the consumer has requested;
(iii)
the amount of the fee charged;
(iv)
the amount of funds the consumer will receive;
(v)
the account that will receive the funds; and
(vi)
the date the provider is authorized to withdraw funds from the consumer's 
account, including fees and voluntary payments; and
(l)
before initiating an advance, require the customer to acknowledge receiving the 
opportunity to view all disclosures listed in Subsection (2)(k) and any costs and fees.
(3)
A provider may not:
(a)
compel a consumer to repay funds by:
(i)
using or threatening to use civil lawsuits, outbound calls, third-party collections, 
or debt sales;
(ii)
reporting or threatening to report nonpayment to consumer reporting agencies; or
(iii)
charging or threatening to charge interest, finance charges, late fees, or other 
penalties for nonpayment;
(b)
use a consumer's credit report or credit score as defined by 15 U.S.C. Sec. 1681 et 
seq., to determine eligibility for earned wage access services;
(c)
accept payment with a credit card or charge card;
(d)
condition receipt of funds based on fees, tips, gratuities, or donations;
(e)
mislead a consumer about the voluntary nature of tips, gratuities, or donations;
(f)
charge a consumer a fee, interest, or any other penalty for failure to repay outstanding 
proceeds, fees, tips, or gratuities; or
(g)
provide earned wage access services in this state without first registering with the 
division.
(4)
Each act performed in violation of Subsection (3) is a separate violation of this chapter.
(5)
The provider may prohibit a consumer from requesting a transaction if the consumer has 
outstanding unpaid proceeds from a previous transaction with the provider.
(6)
A provider is not entitled to the exemption described by Subsection 
13-11-22(1)(d)
.
Section 5, Section 
13-75-104
 is enacted to read:
13-75-104
. Penalties and enforcement -- Powers -- Legal counsel -- Fees.
(1)
The attorney general, upon request, shall give legal advice to, and act as counsel for, the 
division in the exercise of the division's responsibilities under this chapter.
(2)
(a)
In addition to the division's enforcement powers under Chapter 2, Division of 
Consumer Protection:
(i)
the division director may impose an administrative fine of up to $2,500 for each 
violation of this chapter; and
(ii)
the division may bring an action in court to enforce a provision of this chapter.
(b)
In a court action by the division to enforce a provision of this chapter, the court may:
(i)
declare that an act or practice violates a provision of this chapter;
(ii)
issue an injunction for a violation of this chapter;
(iii)
order disgorgement of any money received in violation of this chapter;
(iv)
order payment of disgorged money to an injured purchaser or consumer;
(v)
impose a fine of up to $2,500 for each violation of this chapter; or
(vi)
award any other relief that the court deems reasonable and necessary.
(3)
If a court grants judgment or injunctive relief to the division, the court shall award the 
division:
(a)
reasonable attorney fees;
(b)
court costs; and
(c)
investigative fees.
(4)
(a)
A person that violates an administrative or court order issued for a violation of 
this chapter is subject to a civil penalty of no more than $5,000 for each violation.
(b)
The court may impose a civil penalty authorized under this section in any civil action 
brought by the attorney general on behalf of the division.
(5)
The division shall deposit money received for the payment of a fine or civil penalty 
imposed under this section into the Consumer Protection Education and Training Fund 
created in Section 
13-2-8
.
Section 6, Section 
13-75-105
 is enacted to read:
13-75-105
. Denial, suspension, or revocation of provider registration.
In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 
4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, 
suspend, or revoke a registration if:
(1)
the division finds that the denial, suspension, or revocation is in the public interest; and
(2)
(a)
the registration is incomplete, false, or misleading; or
(b)
the provider or the provider's principal has:
(i)
violated, caused a violation, or allowed a violation of a provision of:
(A)
this chapter; or
(B)
a rule made by the division under this chapter;
(ii)
violated Chapter 11, Utah Consumer Sales Practices Act;
(iii)
been enjoined by a court, or is the subject of an administrative or judicial order 
issued in Utah or another state, if the order:
(A)
includes a finding or admission of fraud, breach of fiduciary duty, or material 
misrepresentation; or
(B)
was based on a finding of lack of integrity, truthfulness, or mental competence;
(iv)
been convicted of a crime involving theft, fraud, or dishonesty;
(v)
obtained or attempted to obtain a registration by misrepresenting any material fact;
(vi)
failed to provide information the division requests;
(vii)
failed to pay an administrative fine that the division or an administrative or 
judicial order imposed;
(viii)
failed to pay the fee to file a registration application or a renewal application; or
(ix)
failed to satisfy the requirements of this chapter or rule made by the division 
under this chapter.
Section 7, Section 
13-75-106
 is enacted to read:
13-75-106
. Applicability.
(1)
A provider offering or providing earned wage access services in this state:
(a)
does not violate state law governing deductions from payroll, salary, wages, 
compensation, or other income or the purchase, sale or assignment of, or an order for 
earned but unpaid income;
(b)
is not offering a loan or other form of credit or debt, if the provider is not a creditor, 
a debt collector, or a lender; or
(c)
is not offering a money transmission, if the provider is not a money transmitter.
(2)
Fees, voluntary tips, gratuities, or other donations paid to the provider, in accordance 
with this chapter, are not interest or finance charges.
Section 8. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 5:19 PM