Cash Advance Clear

State rules

Cash advance app rules, state by state

There is no single federal rulebook for these apps, so the rules depend on where you live. Some states license or register providers and cap fees; some treat advances as loans; most have done neither yet.

From statutes, regulators and court filings, checked 2026-10-18. A state we haven’t verified says so: we don’t guess.

Attorney general opinion

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.

Has an EWA law

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.

Treated under lending law

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".

Attorney general opinion

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.

Has an EWA law

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.

Has an EWA law

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.

Has an EWA law

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.

Treated under lending law

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.

Has an EWA law

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.

Attorney general opinion

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.

Has an EWA law

Nevada

Nevada has a dedicated earned wage access law (NRS chapter 604D) that requires providers to be licensed by the Financial Institutions Division.

Enforcement, no EWA law

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.

Has an EWA law

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.

Has an EWA law

Utah

Utah has a dedicated earned wage access law (Utah Code 13-78) that requires providers to register with the Division of Consumer Protection.

Has an EWA law

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.

Federal

The federal position

As of Oct. 18, 2026, the CFPB's position is its Dec. 23, 2025 advisory opinion. It says 'Covered EWA' is not credit under the Truth in Lending Act and Regulation Z. To be Covered EWA, an advance must meet four conditions…

All states

StateStatus
Alabama Checked: no EWA law or major action found in official sources (as of 2026-10-18)
Alaska Not yet verified
Arizona Attorney general opinion: 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.
Arkansas Checked: no EWA law or major action found in official sources (as of 2026-10-18)
California Has an EWA law: 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.
Colorado Checked: no EWA law or major action found in official sources (as of 2026-10-18)
Connecticut Treated under lending law: 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".
Delaware Not yet verified
District of Columbia Not yet verified
Florida Not yet verified
Georgia Attorney general opinion: 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.
Hawaii Not yet verified
Idaho Not yet verified
Illinois Checked: no EWA law or major action found in official sources (as of 2026-10-18)
Indiana Has an EWA law: 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.
Iowa Not yet verified
Kansas Has an EWA law: 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.
Kentucky Not yet verified
Louisiana Has an EWA law: 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.
Maine Not yet verified
Maryland Treated under lending law: 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.
Massachusetts Not yet verified
Michigan Not yet verified
Minnesota Not yet verified
Mississippi Not yet verified
Missouri Has an EWA law: 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.
Montana Attorney general opinion: 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.
Nebraska Not yet verified
Nevada Has an EWA law: Nevada has a dedicated earned wage access law (NRS chapter 604D) that requires providers to be licensed by the Financial Institutions Division.
New Hampshire Not yet verified
New Jersey Not yet verified
New Mexico Not yet verified
New York Enforcement, no EWA law: 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.
North Carolina Checked: no EWA law or major action found in official sources (as of 2026-10-18)
North Dakota Not yet verified
Ohio Not yet verified
Oklahoma Checked: no EWA law or major action found in official sources (as of 2026-10-18)
Oregon Not yet verified
Pennsylvania Not yet verified
Rhode Island Not yet verified
South Carolina Has an EWA law: 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.
South Dakota Not yet verified
Tennessee Checked: no EWA law or major action found in official sources (as of 2026-10-18)
Texas Checked: no EWA law or major action found in official sources (as of 2026-10-18)
Utah Has an EWA law: Utah has a dedicated earned wage access law (Utah Code 13-78) that requires providers to register with the Division of Consumer Protection.
Vermont Not yet verified
Virginia Checked: no EWA law or major action found in official sources (as of 2026-10-18)
Washington Not yet verified
West Virginia Not yet verified
Wisconsin Has an EWA law: 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.
Wyoming Checked: no EWA law or major action found in official sources (as of 2026-10-18)