DE SB137

Creates a new licensing requirement under the State Bank Commissioner for Earned Wage Access (EWA) providers, which are companies that allow workers to access earned but unpaid wages before their scheduled payday

Requires EWA providers to offer at least one no-cost option for each transaction, clearly disclose all fees before transactions, and inform consumers that any tips or gratuities are voluntary

Prohibits EWA providers from charging late fees, interest, or penalties for failure to repay; using credit scores to determine eligibility; pursuing collections through lawsuits, phone calls, or third-party debt collectors; or reporting nonpayment to credit agencies

Establishes that EWA services are not considered loans, credit, or money transmission under Delaware law, and fees, tips, or gratuities paid to licensed providers are not considered interest or finance charges

Sets licensing requirements including a $250 investigation fee, $1,500 annual license fee, and surety bond up to $35,000, with the Commissioner authorized to examine licensees, revoke licenses for violations or unfair practices, and participate in multi-state automated licensing systems