1. (1) "Consumer" means an individual who resides in the state.
2. (2) "Division" means the Division of Consumer Protection established in Section 13-2-102.

3. (3) "Earned but unpaid income" means compensation, including salary, wages, or other income, that:

   1. (a) a consumer earns or accrues through services the consumer provides to an employer or as an independent contractor; and
   2. (b) the employer or hiring party has not yet paid to the consumer.

4. (4) "Earned wage access services" means the payment of funds to a consumer determined by:

   1. (a)

      1. (i) a consumer's representation; and
      2. (ii) the provider's reasonable determination of earned but unpaid income; or
   2. (b) employment, income, and attendance data obtained directly or indirectly by a provider from an employer or an employer's payroll service provider.

5. (5)

   1. (a) "Fee" means a charge the provider imposes on a consumer for earned wage access services, expedited delivery of funds, or a subscription or membership that includes earned wage access services.
   2. (b) "Fee" does not include a voluntary tip, gratuity, or donation.

6. (6)

   1. (a) "Provider" means a person that engages in the business of offering earned wage access services.

   2. (b) "Provider" does not include:

      1. (i) a service provider, such as a payroll service provider, that verifies, but does not fund, earned wages;
      2. (ii) an employer that advances a portion of earned wages directly to employees or independent contractors; or
      3. (iii) a person regulated under Title 7, Financial Institutions Act.

Amended by Chapter 95, 2026 General Session