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Earned Wage Access

Sheppard

Maryland Prohibits Tipping in Earned Wage Access Programs

Sheppard on

On April 28, Maryland enacted SB 94, which revises the state’s earned wage access (EWA) framework and amends tipping provisions under Maryland’s Consumer Loan Law and Secondary Mortgage Loan Law. The law prohibits lenders and...more

Troutman Pepper Locke

Maryland Enacts Sweeping Earned Wage Access Reforms, Bans Tipping

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On April 28, Governor Wes Moore (D) signed Senate Bill 94 into law, significantly revising Maryland’s earned wage access (EWA) framework and tightening restrictions on tipping practices in both EWA programs and certain...more

Orrick, Herrington & Sutcliffe LLP

Maryland enacts law to prohibit tipping in earned wage access and consumer lending

On April 28, the Maryland governor signed into law SB 94, which revises the state’s earned wage access framework effective October 1. The law prohibits consumer and commercial lenders and earned wage access providers from...more

Ballard Spahr LLP

CFPB’s OIG investigating current workforce and contracting developments plus interpretations adopted and enforcement actions taken...

Ballard Spahr LLP on

The CFPB’s Office of Inspector General is still investigating the agency’s workforce and contracting moves to see what impact it has had on agency actions. “We are reviewing the CFPB’s workforce and contracting actions to...more

Orrick, Herrington & Sutcliffe LLP

Fintech appeals SDNY ruling that earned wage advance product constitutes consumer credit

On April 13, a financial technology company filed a notice of appeal to the U.S. Court of Appeals for the 2nd Circuit, challenging a March 31 SDNY ruling denying its motion to dismiss a proposed class action. The suit,...more

Troutman Pepper Locke

Before You Front the Funds: Benefits and Pitfalls of Earned Wage Access Tools — Payments Pros – The Payments Law Podcast

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In this episode of Payments Pros, host Carlin McCrory teams up with Hiring to Firing hosts Tracey Diamond and Emily Schifter to explore the emerging world of earned wage access (EWA), or on-demand pay, through the lens of the...more

Goodwin

Payday and Small-Dollar Lending - March 2026

Goodwin on

Welcome to the eighth chapter of our annual report, Consumer Financial Services: 2025 Year in Review. In 2025, the Consumer Financial Protection Bureau (CFPB) reduced its scrutiny of small-dollar lenders by publicly...more

Troutman Pepper Locke

Before You Front the Funds: Benefits and Pitfalls of Earned Wage Access Tools — Hiring to Firing Podcast

Troutman Pepper Locke on

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke colleague, Carlin McCrory, co-host of the Payment Pros podcast. Together, they explore the emerging world...more

Sheppard

Federal Court Allows Earned Wage Access Claims Under TILA and MLA to Proceed

Sheppard on

On March 5, the U.S. District Court for the Northern District of Illinois denied a fintech provider’s motion to dismiss a proposed class action alleging that its earned wage access (EWA) products violated the Truth in Lending...more

Skadden, Arps, Slate, Meagher & Flom LLP

Consumer Financial Enforcement: States to Watch in 2026

The past year has seen unprecedented change at the federal level, including the dramatic scaling back of consumer financial services enforcement activity at the Consumer Financial Protection Bureau (CFPB)....more

Troutman Pepper Locke

Payments Year in Review 2025: Federal and State Developments – Part 2 – Payments Pros – The Payments Law Podcast

Troutman Pepper Locke on

In the second installment of the two-part Payments Year in Review series, hosts Keith Barnett, Carlin McCrory, and Jason Cover focus on the state-level developments that shaped the 2025 payments landscape and will influence...more

Hudson Cook, LLP

Consumer Financial Services Bites of the Month - January 2026 - "It's Not a Hot Day in January."

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In this month's article, we share some of our top "bites" covered during the January 2026 webinar....more

Troutman Pepper Locke

Payments Year in Review 2025: Federal and State Developments – Part 1 — Payments Pros – The Payments Law Podcast

Troutman Pepper Locke on

In the first installment of a two-part Payments Year in Review series, hosts Keith Barnett, Carlin McCrory, and Jason Cover highlight the key federal developments that shaped the payments industry in 2025 and preview what's...more

Goodwin

CFPB Says Some Earned Wage Access Products Not Considered Credit

Goodwin on

On December 23, 2025, the CFPB issued an advisory opinion stating that “covered” earned wage access (EWA) products fall outside the definition of credit under TILA’s Regulation Z, withdrawing a Biden Administration July 2024...more

K&L Gates LLP

To Z or Not to Z? CFPB Clarifies the Regulation Z Treatment of Certain Earned Wage Access Products

K&L Gates LLP on

The Consumer Financial Protection Bureau (CFPB) issued an advisory opinion (the 2025 Opinion), effective 23 December 2025, on whether earned wage access (EWA) products constitute “credit” under Regulation Z of the Truth in...more

Hudson Cook, LLP

CFS Bites of the Month - 2025 Annual Review - Fintech

Hudson Cook, LLP on

In this article, we share a timeline of monthly "bites" for the past year applicable to fintech. Although we can identify numerous developments in the space in 2025, the most prominent development is the "all systems go"...more

Goodwin

CFPB Brings Clarity to Earned Wage Access Products

Goodwin on

The Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on December 23, 2025, that resolves significant regulatory uncertainty surrounding whether earned wage access (EWA) products and are “credit” for...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues advisory opinion on the applicability of Regulation Z to earned wage access products

On December 23, the CFPB issued an advisory opinion in the Federal Register clarifying the regulatory treatment of earned wage access (EWA) products under Regulation Z, as implemented by TILA. ...more

Sheppard

Baltimore Sues Fintech for Alleged Unfair and Deceptive Cash-Advance Practices

Sheppard on

On December 30, Baltimore Mayor Brandon M. Scott announced that the City of Baltimore filed a civil action against a fintech provider offering small-dollar cash advance products, alleging violations of the Baltimore Consumer...more

Wiley Rein LLP

Wiley Consumer Protection Download (January 6, 2026)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the state level. Check out our new State...more

Morrison & Foerster LLP

CFPB Reestablishes Position That Certain Earned Wage Access Programs Are Not “Credit”

On December 23, 2025, the Consumer Financial Protection Bureau (CFPB or “Bureau”) published an advisory opinion (the “2025 EWA Advisory Opinion”) concluding that certain earned wage access (EWA) programs do not constitute...more

Davis Wright Tremaine LLP

CFPB Restores and Enhances 2020 Interpretation that Earned Wage Access Is Not “Credit”

In late December, the Consumer Financial Protection Bureau (CFPB) issued a new advisory opinion (2025 AO) on earned wage access (EWA) stating that "covered earned wage access" (Covered EWA) does not meet Regulation Z's...more

Venable LLP

Earned Wage Access: Certain Models Fall Outside TILA and Regulation Z Under Renewed Federal Guidance

Venable LLP on

Certain earned wage access (EWA) programs just received meaningful federal support. ...more

Goodwin

CFPB Finally Starts Getting EWA Right, Says Many EWA Models Are Not Subject to TILA and Regulation Z

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On December 23, 2025, the Consumer Financial Protection Bureau (CFPB) published in the Federal Register an advisory opinion affirming that certain qualifying earned wage access (EWA) services, also known as on-demand pay...more

Sheppard

CFPB: Earned Wage Products Are Not Loans Under TILA

Sheppard on

On December 23, the CFPB issued an advisory opinion stating earned wage access products fall outside the definition of credit under TILA’s Regulation Z, withdrawing a Biden-era proposed interpretive rule that identified all...more

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