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Indiana Code Title 28. Financial Institutions § 28-8-6-1002

Current as of January 02, 2024 | Updated by Findlaw Staff

<Section effective January 1, 2026.>

Sec. 1002. (a) Notwithstanding any other provision of law, earned wage access services offered or provided by a licensee in accordance with this chapter are not considered to be any of the following:

(1) A violation of, or noncompliance with, any Indiana law governing deductions from payroll, salary, wages, compensation, or other income.

(2) A violation of, or noncompliance with, any Indiana law governing:

(A) the purchase of;

(B) the sale or assignment of;  or

(C) an order for;

earned but unpaid income.

(3) A loan or other form of credit or debt.

(4) Money transmission (as defined in IC 28-8-4.1-201(19)).

(b) Notwithstanding any other provision of law, a licensee that offers or provides earned wage access services in accordance with this chapter is not considered to be any of the following solely by reason of offering or providing the earned wage access services:

(1) A lender, creditor, credit services organization (as defined in IC 24-5-15-2), or debt collector.

(2) A money transmitter for purposes of IC 28-8-4.1.

However, this subsection does not exempt a licensee under this chapter from complying with section 802(7) of this chapter, as applicable.

(c) Notwithstanding any other provision of law:

(1) fees;  or

(2) voluntary tips, gratuities, or other donations;

paid by a consumer to a licensee in accordance with this chapter are not considered to be interest or finance charges and shall not be subject to IC 35-45-7-2.

(d) If there is a conflict between the provisions of this chapter and any other Indiana law, the provisions of this chapter control.

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Cite this article: FindLaw.com - Indiana Code Title 28. Financial Institutions § 28-8-6-1002 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-28-financial-institutions/in-code-sect-28-8-6-1002/

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