§ 28-8-6-1002 — Earned wage access services not considered to be violations; licensees who offer or provide earned wage access services not considered a lender, creditor, credit services organization, debt collector, or money transmitter; fees or voluntary tips, gratuities or other donations not considered interest or finance charges; conflicting provisions

Effective 1-1-2026.
Sec. 1002. (a) Notwithstanding any other provision
of law, earned wage access services offered or provided by a licensee
in accordance with this chapter are not considered to be any of the
following:
(1) A violation of, or noncompliance with, any Indiana law
governing deductions from payroll, salary, wages, compensation,
or other income.
(2) A violation of, or noncompliance with, any Indiana law
governing:
(A) the purchase of;
(B) the sale or assignment of; or
(C) an order for;
earned but unpaid income.
(3) A loan or other form of credit or debt.
(4) Money transmission (as defined in IC 28-8-4.1-201(19)).
(b) Notwithstanding any other provision of law, a licensee that
offers or provides earned wage access services in accordance with this
chapter is not considered to be any of the following solely by reason of
offering or providing the earned wage access services:
(1) A lender, creditor, credit services organization (as defined in
IC 24-5-15-2), or debt collector.
(2) A money transmitter for purposes of IC 28-8-4.1.
However, this subsection does not exempt a licensee under this chapter
from complying with section 802(7) of this chapter, as applicable.
(c) Notwithstanding any other provision of law:
(1) fees; or
(2) voluntary tips, gratuities, or other donations;
paid by a consumer to a licensee in accordance with this chapter are not
considered to be interest or finance charges and shall not be subject to
IC 35-45-7-2.
(d) If there is a conflict between the provisions of this chapter and
any other Indiana law, the provisions of this chapter control.

Legislative History

As added by P.L.222-2025, SEC.5.