South Carolina § 39-5-860 Earned wage access services; compliance with article.

South Carolina Statutes

§ 39-5-860 — Earned wage access services; compliance with article.

South Carolina § 39-5-860

Title 39TRADE AND COMMERCE

Ch. 5UNFAIR TRADE PRACTICES

This text of South Carolina § 39-5-860 (Earned wage access services; compliance with article.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 39-5-860 (2026).

Text

The following shall apply in connection with the earned wage access services offered and provided by a provider in compliance with the provisions of this article:

(A)Proceeds provided to a consumer by the provider shall not be considered a consumer loan for purposes of Section 37-3-104 or a loan for purposes of Section 37-3-106.

(B)The provider shall not be considered a lender for purposes of Section 37-3-107(1), unless the provider is conducting business pursuant to Chapter 3, Title 37.

(C)Fees, voluntary tips, gratuities, or other donations paid by a consumer to a provider shall not be considered a loan finance charge for purposes of Section 37-3-109.

(D)The provider shall not be considered to be engaged in the business of money transmission for purposes of Section 35-11-200.

(E)Ear

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The following shall apply in connection with the earned wage access services offered and provided by a provider in compliance with the provisions of this article: (A) Proceeds provided to a consumer by the provider shall not be considered a consumer loan for purposes of Section 37-3-104 or a loan for purposes of Section 37-3-106. (B) The provider shall not be considered a lender for purposes of Section 37-3-107(1), unless the provider is conducting business pursuant to Chapter 3, Title 37. (C) Fees, voluntary tips, gratuities, or other donations paid by a consumer to a provider shall not be considered a loan finance charge for purposes of Section 37-3-109. (D) The provider shall not be considered to be engaged in the business of money transmission for purposes of Section 35-11-200. (E) Earned wage access services shall not be considered wage assignment for the purposes of Section 37-3-403. (F) The provider shall not be considered a deferred presentment provider for purposes of Section 34-39-130 unless the provider is conducting business pursuant to Chapter 39, Title 34.