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Indiana Code Title 28. Financial Institutions § 28-8-6-802

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

<Section effective January 1, 2026.>

Sec. 802. A provider required to be licensed under this chapter shall not do any of the following:

(1) Share with an employer a portion of any:

(A) fees;  or

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

received from or charged to a consumer for earned wage access services.

(2) Use a consumer's credit score from a consumer report (as defined in IC 24-5-24-2) to determine:

(A) a consumer's eligibility for earned wage access services;

(B) the amount of proceeds that a consumer is eligible to request or receive in an earned wage access services transaction;  or

(C) the frequency with which proceeds may be provided to a consumer through earned wage access services transactions.

(3) Accept payment of outstanding proceeds, fees, or voluntary tips, gratuities, or other donations by means of a credit card (as defined in IC 24-5-27.5-3).

(4) 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, fees, or voluntary tips, gratuities, or other donations.

(5) Compel or attempt to compel a consumer to pay to the provider any outstanding proceeds, fees, or voluntary tips, gratuities, or other donations through any of the following means:

(A) The use of unsolicited outbound telephone calls to the consumer.

(B) A suit against the consumer in a court of competent jurisdiction.

(C) The use of a third party to pursue collection from the consumer on the provider's behalf.

(D) The sale of outstanding amounts to a third party collector or debt buyer for collection from the consumer.

However, this subdivision does not preclude a provider from using any of the means set forth in clauses (A) through (D) to pursue payment of outstanding amounts incurred by a consumer through fraudulent or other unlawful means, or from pursuing any available remedies against an employer for breach of the employer's contractual obligations to the provider.

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

(A) mislead or deceive consumers about the voluntary nature of the tips, gratuities, or donations;

(B) represent that tips, gratuities, or donations will benefit any specific individuals;  or

(C) suggest a default tip, gratuity, or other donation amount greater than zero dollars ($0).

(7) If the provider also offers small loans to consumers under IC 24-4.5-7:

(A) provide proceeds to a consumer who has a small loan outstanding from that provider, as verified by the provider in accordance with IC 24-4.5-7-404(4);  or

(B) make a small loan to a consumer who has outstanding proceeds from that provider.

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Cite this article: FindLaw.com - Indiana Code Title 28. Financial Institutions § 28-8-6-802 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-28-financial-institutions/in-code-sect-28-8-6-802/

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