§ 28-8-6-802 — Prohibited actions

Indiana § 28-8-6-802

• Jurisdiction: Indiana
• Art. 8: FINANCIAL SERVICES
• Ch. 6: Indiana Earned Wage Access Act

Text

Effective 1-1-2026.
Sec. 802. A provider required to be licensed under
this chapter shall not do any of the following:
(1) Share with an employer a portion of any:
(A) fees; or
(B) voluntary tips, gratuities, or other donations;
received from or charged to a consumer for earned wage access
services.
(2) Use a consumer's credit score from a consumer report (as
defined in IC 24-5-24-2) to determine:
(A) a consumer's eligibility for earned wage access services;
(B) the amount of proceeds that a consumer is eligible to
request or receive in an earned wage access services
transaction; or
(C) the frequency with which proceeds may be provided to a
consumer through earned wage access services transactions.
(3) Accept payment of outstanding proceeds, fees, or voluntary
tips, gratuities, or other donations by means of a credit card (as
defined in IC 24-5-27.5-3).
(4) Charge or collect a late fee, a deferral fee, interest, or any
other charge or penalty for a consumer's failure to pay outstanding
proceeds, fees, or voluntary tips, gratuities, or other donations.
(5) Compel or attempt to compel a consumer to pay to the
provider any outstanding proceeds, fees, or voluntary tips,
gratuities, or other donations through any of the following means:
(A) The use of unsolicited outbound telephone calls to the
consumer.
(B) A suit against the consumer in a court of competent
jurisdiction.
(C) The use of a third party to pursue collection from the
consumer on the provider's behalf.
(D) The sale of outstanding amounts to a third party collector
or debt buyer for collection from the consumer.
However, this subdivision does not preclude a provider from
using any of the means set forth in clauses (A) through (D) to
pursue payment of outstanding amounts incurred by a consumer
through fraudulent or other unlawful means, or from pursuing any
available remedies against an employer for breach of the
employer's contractual obligations to the provider.
(6) If the provider solicits, charges, or receives a tip, gratuity, or
other donation from a consumer:
(A) mislead or deceive consumers about the voluntary nature of
the tips, gratuities, or donations;
(B) represent that tips, gratuities, or donations will benefit any
specific individuals; or
(C) suggest a default tip, gratuity, or other donation amount
greater than zero dollars ($0).
(7) If the provider also offers small loans to consumers under IC 24-4.5-7:
(A) provide proceeds to a consumer who has a small loan
outstanding from that provider, as verified by the provider in
accordance with IC 24-4.5-7-404(4); or
(B) make a small loan to a consumer who has outstanding
proceeds from that provider.

Legislative History

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