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NC H725
Bill
Status
4/28/2021
Primary Sponsor
Timothy Moffitt
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AI Summary
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Establishes the Earned Wage Access Services Act under North Carolina General Statutes Chapter 53, Article 26, creating a regulatory framework for earned wage access (EWA) service providers.
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Requires EWA service providers to register with the North Carolina Commissioner of Banks, pay a $1,000 nonrefundable registration fee (renewed every three years), and comply with background check and NMLS registration requirements.
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Permits EWA service providers to advance earned wages to consumers prior to the next scheduled payday, provided the EWA provider verifies earnings data, discloses fees in writing, and obtains written consumer authorization for deduction from the next paycheck.
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Classifies EWA services as non-lending activity and fees as non-interest charges, superseding conflicting state laws and exempting providers from usury and lending regulations when complying with this Article.
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Authorizes the Commissioner to examine EWA service providers, receive consumer complaints, assess civil penalties up to $1,000 per violation or $10,000 for willful violations, and revoke or suspend registrations for violations; establishes the act's effective date as May 1, 2022.
Legislative Description
Earned Wage Access Services Act
Public
Last Action
Re-ref to the Com on Commerce, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
7/22/2021