Guide
Why the rules for cash advance apps depend on your state
Checked against the sources below on 2026-10-18.
In short: Congress has not passed an earned wage access law, so each state decides. Some license or register providers and cap fees; a few treat advances as loans; most have no specific rule yet.
No federal law yet
Bills to set national rules for earned wage access have been introduced in Congress, most recently H.R. 9330, Earned Wage Access Consumer Protection Act, reported by a House committee on 2026-09-01, but none has become law as of 2026-10-18. The CFPB’s current position is guidance, not a regulation. That leaves the details to the states.
4 ways states have gone
Has an EWA law (9)
- California: California requires providers of "income-based advances" (earned wage access) to register with the DFPI under the California Consumer Financial Protection Law, effective Feb. 15, 2025.
- Indiana: Indiana has a dedicated earned wage access law, the Indiana Earned Wage Access Act (IC 28-8-6), which requires a license from the Department of Financial Institutions starting Jan. 1, 2026.
- Kansas: Kansas has a dedicated earned wage access law, the Kansas Earned Wage Access Services Act (K.S.A. 9-2401 to 9-2416), which requires providers to register with the Office of the State Bank Commissioner.
- Louisiana: Louisiana has a dedicated earned wage access law, the Louisiana Earned Wage Access Services Act (La. R.S. 9:3591.1 to 3591.6); it sets conduct rules but does not require a license or registration.
- Missouri: Missouri has a dedicated earned wage access law (RSMo 361.749); since Aug. 28, 2026, providers need a license from the Division of Finance, which replaced the earlier registration requirement.
- Nevada: Nevada has a dedicated earned wage access law (NRS chapter 604D) that requires providers to be licensed by the Financial Institutions Division.
- South Carolina: South Carolina has a dedicated earned wage access law, the South Carolina Earned Wage Access Services Act (S.C. Code 39-5-810 et seq.), which requires providers to register with the Department of Consumer Affairs.
- Utah: Utah has a dedicated earned wage access law (Utah Code 13-78) that requires providers to register with the Division of Consumer Protection.
- Wisconsin: Wisconsin has a dedicated earned wage access law (Wis. Stat. ch. 203) that requires a license from DFI; since April 5, 2026, delivery and expedited-delivery fees are capped at $5 or $7.50.
Treated under lending law (2)
- Connecticut: Connecticut treats earned wage access as a "small loan": providers need a small loan license from the Department of Banking, and since Oct. 1, 2025, total charges, including voluntary ones, are capped by statute at "four dollars per advance, or ... thirty dollars per month".
- Maryland: Maryland treats earned wage access as a "loan" under its Commercial Law credit rules: since Oct. 1, 2025, providers need a consumer loan license (or an exemption), and delivery fees are capped at $5 or $7.50.
Enforcement, no EWA law (1)
- New York: New York has no earned wage access statute; in April 2025, the Attorney General sued MoneyLion and DailyPay, alleging their advances are illegal high-interest loans under state usury law.
Attorney general opinion (3)
- Arizona: Arizona has no earned wage access statute; a Dec. 16, 2022 Attorney General opinion says no-interest, non-recourse EWA is not a "consumer loan" requiring a consumer lender license.
- Georgia: Georgia has no earned wage access statute; a Dec. 6, 2024 unofficial Attorney General opinion says flat, non-recourse EWA transfer fees generally are not "interest" under state usury law.
- Montana: Montana has no earned wage access statute; a Dec. 22, 2023 Attorney General opinion says EWA providers meeting certain conditions do not need a consumer loan or deferred deposit loan license.
Checked, nothing found
We searched official sources for Arkansas, Colorado, Texas, Alabama, Tennessee, North Carolina, Oklahoma, Wyoming, Illinois, Virginia and found no earned wage access law or major official action as of 2026-10-18. Every other state is not yet verified.
What state rules can change for you
- Fee caps. Some states cap what a provider can charge per advance; the exact numbers are on each state page.
- Tips. Some states say tips must be optional and can’t affect what you’re offered; some count them toward fee limits.
- Who can operate. Where a license or registration is required, the state publishes who holds one. Each app page shows which of those official lists it appears on.
- Different prices by state. Some apps publish different fees for some states; app pages note this where the company says so.
Next
Sources
- CFPB advisory opinion (Dec. 23, 2025)
- U.S. House (118th Congress): H.R. 7428, Earned Wage Access Consumer Protection Act
- U.S. House (119th Congress): H.R. 9330, Earned Wage Access Consumer Protection Act
- Arizona AG Opinion I22-005 (R22-011)
- DFPI: Income-Based Advances
- Public Act 25-155 (Substitute SB 1396), approved July 8, 2025
- Georgia AG Unofficial Opinion U2024-1
- Indiana Code Title 28 (IC 28-8-6, Indiana Earned Wage Access Act)
- K.S.A. 9-2401 (Kansas Revisor of Statutes)
- La. R.S. 9:3591.1 Short title
- 2025 Laws of Maryland, Chapter 847 (HB 1294)
- RSMo 361.749 (effective Aug. 28, 2026)
- Montana AG Opinion Vol. 59, No. 2 (Dec. 22, 2023)
- NRS Chapter 604D (Nevada Legislature)
- NY AG press release, April 14, 2025
- S.C. Code Title 39, Chapter 5, Article 8 (SC Earned Wage Access Services Act)
- Utah Code Title 13, Chapter 78 (Earned Wage Access Services Act)
- Wis. Stat. ch. 203 (PDF, published Oct. 1, 2026)
Checked 2026-10-18. Information only, not financial or legal advice.