§ 28-8-6-801 — Required actions

Effective 1-1-2026.
Sec. 801. A provider required to be licensed under
this chapter shall do the following:
(1) Develop and implement policies and procedures to:
(A) respond to questions raised by consumers; and
(B) address complaints from consumers;
in an expedient manner.
(2) Whenever the provider offers a consumer the option to receive
proceeds for a fee or solicits a tip, gratuity, or other donation:
(A) offer that consumer at least one (1) reasonable option to
obtain proceeds at no cost;
(B) clearly explain to the consumer how to elect each no cost
option offered;
(C) ensure that any no cost option offered is clearly displayed
and is in the same:
(i) color;
(ii) font;
(iii) font size; and
(iv) general location;
as any option to obtain proceeds that has a fee associated with
it;
(D) ensure that any option to obtain proceeds that has a fee
associated with the delivery of the proceeds is not the default
option;
(E) ensure that if a consumer elects to not pay a tip, gratuity, or
other donation, any fee amount charged to the consumer as part
of an earned wage access services transaction is not increased
because of the consumer's decision to not pay a tip, gratuity, or
other donation; and
(F) ensure that, if a consumer elects a no cost option, initiate the
delivery of the proceeds to the consumer not later than one (1)
business day after the consumer initiates an earned wage access
services transaction with the provider.
(3) Before entering into an agreement with a consumer to provide
earned wage access services, do both of the following:
(A) Inform the consumer of the consumer's rights under the
agreement.
(B) Fully and clearly disclose all fees associated with the
earned wage access services to be provided.
(4) Inform the consumer of the fact of or obtain the consent of the
consumer to any material changes to the terms and conditions of
the earned wage access services before implementing those
changes for that consumer.
(5) Allow the consumer to cancel use of the provider's earned
wage access services:
(A) at any time; and
(B) without incurring a cancellation fee imposed by the
provider.
(6) Comply with all applicable local, state, and federal privacy
and information security laws.
(7) If the provider solicits, charges, or receives a tip, gratuity, or
other donation from a consumer:
(A) clearly and conspicuously disclose to the consumer
immediately before each transaction that a tip, gratuity, or other
donation:
(i) is voluntary; and
(ii) may be in the amount of zero dollars ($0); and
(B) clearly and conspicuously disclose in the provider's service
contract with the consumer that tips, gratuities, or other
donations are voluntary and that the offering of earned wage
access services, including:
(i) the amount of proceeds that a consumer is eligible to
request;
(ii) the frequency with which proceeds are provided to a
consumer; and
(iii) the level or cost of any service provided to the consumer
in connection with an earned wage access services
transaction;
is not contingent on whether the consumer pays any tip,
gratuity, or other donation, or on the amount of the tip, gratuity,
or other donation.
(8) Provide proceeds to a consumer by any means mutually
agreed upon by the provider and the consumer.
(9) If the provider seeks repayment of outstanding proceeds or the
payment of fees or other amounts owed (including voluntary tips,
gratuities, or other donations) in connection with earned wage
access services provided under this chapter from a consumer's
deposit account, including by means of electronic funds transfer,
the provider must do the following:
(A) Comply with applicable provisions of the federal Electronic
Funds Transfer Act (15 U.S.C. 1693 et seq.).
(B) Reimburse the consumer for the full amount of any
overdraft or nonsufficient funds fees that are imposed on the
consumer by the consumer's depository financial institution if
the overdraft or nonsufficient funds fees resulted from the
provider's attempt to seek payment of any outstanding proceeds,
fees, or other amounts (including voluntary tips, gratuities, or
other donations) under this chapter:
(i) on a date before; or
(ii) in an incorrect amount from;
the date or amount disclosed to the consumer. However, a
provider is not subject to the requirements of this clause with
respect to the payment of any outstanding proceeds, fees, or
other amounts incurred by a consumer through fraudulent or
other unlawful means.
(10) Ensure that the provider's software application does not do
any of the following:
(A) Subject a user of the software application to unsolicited
electronic mail advertisements or surveys, if the user has
elected to not receive electronic mail advertisements or surveys,
as required by 15 U.S.C. 7701-7713.
(B) Subject a user of the software application to unsolicited
electronic advertisements or surveys, based on the individual
user's:
(i) use of the provider's software application;
(ii) location; or
(iii) behavior;
if the user has elected to not receive the electronic
advertisements or surveys.
(C) Display an unsolicited electronic notification to a user of
the software application unless the user has elected to receive
electronic notifications.
(D) Access a user's location, except for purposes of verifying
that a user is located in Indiana at the time the user creates an
account with the provider, unless the user has authorized the
provider's software application to access the user's location.
(11) Ensure that any data that the provider receives under
subdivision (10) is not sold or shared, except as follows:
(A) In connection with a law enforcement investigation or legal
proceeding.
(B) As necessary to provide earned wage access services to the
user.
(C) The user authorizes the provider to sell or share the data.
(12) Sell consumer data to a lender (as defined in IC 24-4.5-7-111) licensed under IC 24-4.5-7.
(13) Share consumer data with a lender (as defined in IC 24-4.5-7-111) licensed under IC 24-4.5-7.

Legislative History

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