State Earned Wage Access (EWA) Regulatory Frameworks — Classification, Fee Caps, and Licensing Requirements
How is earned wage access regulated in each state? Twelve states have enacted EWA-specific laws as of March 2026, with wide variation: some classify EWA as a loan requiring a consumer lending license, others create a new product category exempt from lending laws. This dataset records each state's product classification, fee caps, licensing or registration requirements, consumer protections, enforcement provisions, and statutory citations.
The data
| state | statute citation | product classification | licensing requirement | free option required | late fees prohibited | collection limits | effective date | fee caps |
|---|---|---|---|---|---|---|---|---|
| Kansas | 2024 Session Laws, Ch. 64 (HB 2560), §§ 43–58 (Kansas Earned Wage Access Services Act) | not a loan or other form of credit; not money transmission | registration required with the Office of the State Bank Commissioner | yes — provider must offer consumer at least one option to receive proceeds at no cost | yes — provider shall not charge a late fee, a deferral fee, interest or any other penalty or charge for failure to repay outstanding proceeds | provider shall not compel repayment by civil suit, third-party collector, or sale to debt buyer; shall not report to consumer credit reporting agency | ||
| Arkansas | Ark. Code Ann. §§ 23-52-201 through 23-52-204 (Act 347 of 2025, HB 1517) | not a loan; not money transmission; not debt collection | yes — provider shall offer to a consumer at least one reasonable option to obtain proceeds at no cost to the consumer | yes — provider shall not charge a consumer a late fee, deferral fee, interest, or any other penalty or charge for failure to pay outstanding proceeds | provider shall not compel payment by civil suit, third-party collector, or sale to debt buyer | |||
| Indiana | IC 28-8-6 (Indiana Earned Wage Access Act, HEA 1125 of 2025) | not a loan or other form of credit or debt; not money transmission | license required from the Department of Financial Institutions, Division of Consumer Credit | yes — whenever the provider offers a consumer the option to receive proceeds for a fee, offer at least one reasonable option to obtain proceeds at no cost | yes — provider shall not 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 | provider shall not compel payment by civil suit, outbound calls, third-party collector, or sale to debt buyer; shall not report to consumer reporting agency or debt collector any failure to repay | January 1, 2026 | |
| Louisiana | La. Rev. Stat. §§ 9:3591.1 through 9:3591.7 (Act No. 496, HB 368, 2025) | not a loan; not money transmission; not debt collection | yes — whenever provider offers consumer the option to receive proceeds for a fee or solicits a tip, must provide at least one reasonable option to obtain the same amount of proceeds at no cost | yes — provider shall not charge a late fee, deferral fee, interest, or any other charge for failure to repay outstanding proceeds | provider shall not compel repayment by civil suit, outbound calls, third-party collector, or sale to debt buyer | |||
| Maryland | Md. Commercial Law §§ 12-1501 through 12-1507 (Ch. 847, HB 1294, 2025) | earned wage access is a loan subject to the Maryland Consumer Loan Law; not money transmission | consumer loan license required under Title 11, Subtitle 2 of the Financial Institutions Article | yes — provider shall offer a reasonable option to obtain earned wage access at no cost | October 1, 2025 | $5.00 for any advance of proceeds equal to or less than $75.00; $7.50 for any advance of proceeds greater than $75.00 | ||
| Missouri | Mo. Rev. Stat. § 361.749 | not a loan or other form of credit; not money transmission | license required from the Missouri Division of Finance | yes — provider shall not charge interest for failure to repay outstanding proceeds | provider shall not compel repayment through civil suit, third-party collector, or sale to debt buyer; shall not report to consumer credit reporting agency or debt collector | August 28, 2023 | ||
| Nevada | NRS Chapter 604D | not a loan or other form of credit; not money transmission | license required from the Commissioner of Financial Institutions | yes — provider shall not charge a late fee, deferral fee, interest or any other penalty or charge for failure to pay outstanding proceeds | provider shall not compel payment by civil action, third-party collector, or sale to debt buyer; shall not report to consumer agency or debt collector | |||
| Connecticut | Public Act 25-155 (SB 1396), An Act Concerning Earned But Unpaid Wage or Salary Income Advances | distinct product category; exempt from existing APR caps | yes — obligates providers to offer ways to receive no-cost advances | yes — prohibits charging late fees or any other penalty | prohibits pursuing unpaid amounts through lawsuits or collections; prohibits accepting repayment through credit card | October 1, 2025 | $4 per transaction fee cap or $30 monthly fee cap | |
| South Carolina | S.C. Code Ann. §§ 39-5-810 through 39-5-870 (Act No. 190, R188, S700) | not a consumer loan; not a loan; not money transmission | registration required with the South Carolina Department of Consumer Affairs | yes — provider shall offer to the consumer at least one reasonable option to obtain proceeds at no cost to the consumer | yes — no person shall charge a late fee, interest, or any other penalty or charge for failure to repay outstanding proceeds | provider shall not compel repayment through civil suit, third-party collector, or sale to debt buyer | November 21, 2024 | |
| Utah | Utah Code §§ 13-75-101 through 13-75-106 (H.B. 279, 2025) | not a loan or other form of credit or debt; not money transmission | registration required with the Division of Consumer Protection | yes — provider shall offer at least one no-fee option to receive funds | yes — provider may not charge a consumer a fee, interest, or any other penalty for failure to repay outstanding proceeds | provider may not compel repayment by civil lawsuits, outbound calls, third-party collections, or debt sales | May 7, 2025 | |
| Wisconsin | Wis. Stat. Ch. 203 (2023 Act 131) | distinct licensed product category; Wisconsin Consumer Act provisions (ss. 422.201 to 422.310 and ch. 427) do not apply to services provided by a licensee (s. 203.09) | license required from the Division of Banking | yes — offer to the consumer at least one reasonable option to obtain proceeds at no cost to the consumer (s. 203.04(1)(b)) | yes — a provider may not charge a late fee, deferral fee, interest, or any other penalty or charge for failure to pay outstanding proceeds (s. 203.04(2)(d)) | provider may not compel payment through a suit or use of a 3rd party to pursue collection, and may not report to a consumer reporting agency or debt collector (s. 203.04(2)(e)-(f)) |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 11 sources this dataset was assembled from.
- sos.ks.govhttps://www.sos.ks.gov/publications/sessionlaws/2024/Chapter-64-HB-2560.html
- arkleg.state.ar.ushttps://arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2025R%2FPublic%2FHB1517%2FHB1517030620251338.pdf
- iga.in.govhttps://iga.in.gov/pdf-documents/124/2025/house/bills/HB1125/HB1125.04.ENRS.pdf
- legis.la.govhttps://www.legis.la.gov/Legis/ViewDocument.aspx?d=1427687
- mgaleg.maryland.govhttps://mgaleg.maryland.gov/2025RS/chapters_noln/Ch_847_hb1294T.pdf
- revisor.mo.govhttps://revisor.mo.gov/main/OneSection.aspx?section=361.749
- leg.state.nv.ushttps://www.leg.state.nv.us/nrs/NRS-604D.html
- portal.ct.govhttps://portal.ct.gov/dob/legislation/legislation/2025-banking-and-related-legislation
- scstatehouse.govhttps://www.scstatehouse.gov/sess125_2023-2024/bills/700.htm
- le.utah.govhttps://le.utah.gov/Session/2025/bills/enrolled/HB0279.pdf
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/statutes/statutes/203
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- data.csvThe same records as one flat table, for a spreadsheet or a dataframe. The last four columns are the source URL, the quoted sentence it was read from, the date we last checked it, and which columns are our reading rather than the page's words.
- How this is made and checkedWhat "verified against source" does and does not mean.
From your own code
Same records, same quotes, without scraping the page: refsource is on PyPI and npm. Each value comes back carrying the URL it was read from and the sentence on that page that states it — .source and .quote sit on the value itself rather than in a side channel, so the checking step is available instead of skipped.
pip install refsource
refsource lookup state-earned-wage-access-regulations state=Kansas
npx -y refsource lookup state-earned-wage-access-regulations state=Kansas
Set your AI assistant up to use this
Two files and no account. Put this in .mcp.json at the root of your project — Claude Code, Cursor, Windsurf, VS Code and Codex all read that file — and your assistant can look this dataset up instead of recalling it. The server is remote, keyless and read-only.
{
"mcpServers": {
"referencesource": {
"type": "http",
"url": "https://referencesource.org/mcp"
}
}
}Add to Cursor · or, on the command line: claude mcp add --transport http referencesource https://referencesource.org/mcp --scope project
Then one line in the project's CLAUDE.md or AGENTS.md, so the assistant knows when to reach for it:
When a question needs "State Earned Wage Access (EWA) Regulatory Frameworks — Classification, Fee Caps, and Licensing Requirements", call the referencesource MCP server at https://referencesource.org/mcp (tool `search_records`, dataset_slug `state-earned-wage-access-regulations`) instead of answering from memory — every record it returns carries its source URL and a verbatim quote from that page.What each tool does, and the servers built over single registers: Connect your AI assistant.