A provider required to be licensed under this chapter shall do the following:

1. (1) Develop and implement policies and procedures to:

   1. (A) respond to questions raised by consumers; and

   2. (B) address complaints from consumers;

      in an expedient manner.

2. (2) Whenever the provider offers a consumer the option to receive proceeds for a fee or solicits a tip, gratuity, or other donation:

   1. (A) offer that consumer at least one (1) reasonable option to obtain proceeds at no cost;
   2. (B) clearly explain to the consumer how to elect each no cost option offered;

   3. (C) ensure that any no cost option offered is clearly displayed and is in the same:

      1. (i) color;
      2. (ii) font;
      3. (iii) font size; and

      4. (iv) general location;

         as any option to obtain proceeds that has a fee associated with it;

   4. (D) ensure that any option to obtain proceeds that has a fee associated with the delivery of the proceeds is not the default option;
   5. (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
   6. (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. (3) Before entering into an agreement with a consumer to provide earned wage access services, do both of the following:

   1. (A) Inform the consumer of the consumer's rights under the agreement.
   2. (B) Fully and clearly disclose all fees associated with the earned wage access services to be provided.
4. (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. (5) Allow the consumer to cancel use of the provider's earned wage access services:

   1. (A) at any time; and
   2. (B) without incurring a cancellation fee imposed by the provider.
6. (6) Comply with all applicable local, state, and federal privacy and information security laws.

7. (7) If the provider solicits, charges, or receives a tip, gratuity, or other donation from a consumer:

   1. (A) clearly and conspicuously disclose to the consumer immediately before each transaction that a tip, gratuity, or other donation:

      1. (i) is voluntary; and
      2. (ii) may be in the amount of zero dollars ($0); and

   2. (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:

      1. (i) the amount of proceeds that a consumer is eligible to request;
      2. (ii) the frequency with which proceeds are provided to a consumer; and

      3. (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. (8) Provide proceeds to a consumer by any means mutually agreed upon by the provider and the consumer.

9. (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:

   1. (A) Comply with applicable provisions of the federal Electronic Funds Transfer Act (15 U.S.C. 1693 et seq.).

   2. (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:

      1. (i) on a date before; or

      2. (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. (10) Ensure that the provider's software application does not do any of the following:

    1. (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.

    2. (B) Subject a user of the software application to unsolicited electronic advertisements or surveys, based on the individual user's:

       1. (i) use of the provider's software application;
       2. (ii) location; or

       3. (iii) behavior;

          if the user has elected to not receive the electronic advertisements or surveys.

    3. (C) Display an unsolicited electronic notification to a user of the software application unless the user has elected to receive electronic notifications.
    4. (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. (11) Ensure that any data that the provider receives under subdivision (10) is not sold or shared, except as follows:

    1. (A) In connection with a law enforcement investigation or legal proceeding.
    2. (B) As necessary to provide earned wage access services to the user.
    3. (C) The user authorizes the provider to sell or share the data.
12. (12) Sell consumer data to a lender (as defined in IC 37-3-2-5 ) licensed under IC 37-3 .
13. (13) Share consumer data with a lender (as defined in IC 37-3-2-5 ) licensed under IC 37-3 .

As added by P.L.222-2025, SEC.5. Amended by P.L.115-2026, SEC.66.