(a) In this subtitle the following terms have the meanings indicated. (b) "Bank" has the meaning stated in § 1-201 of this article. (c) "Consumer-directed earned wage access" means delivery to a consumer of access to unpaid but earned wages: (1) That is provided to a consumer by a third party who does not have a relationship with the consumer's employer; (2) That is based on employment, income, or attendance data obtained directly from the consumer; and (3) Where the consumer does not pay the provider interest. (d) "Consumer reporting agency" has the meaning stated in § 14-1201 of this article. (e) "Earned wage" means salary, wages, compensation, or other income earned: (1) On an hourly, project-based, piecework, or other basis; or (2) Through services rendered as an independent contractor. (f) "Earned wage access" means: (1) Consumer-directed earned wage access; or (2) Employer-integrated earned wage access. (g) "Employer-integrated earned wage access" means delivery of unpaid but earned wages: (1) That are provided to a consumer directly by a person the employer has contracted to provide the service; (2) That are determined based on employment, income, or attendance data obtained directly or indirectly from the consumer's employer, including a payroll service provider; and (3) Where the consumer does not pay the provider interest. (h) (1) "Fee" means: (i) A fee imposed by a provider for delivery or expedited delivery of earned wage access to a consumer; or (ii) A subscription or membership fee imposed by a provider for a group of services that includes earned wage access. (2) "Fee" does not include a voluntary tip, gratuity, or other donation. (i) (1) "Interest" has the meaning stated in § 12-101 of this title. (2) "Interest" does not include a fee imposed by an earned wage access provider licensed under Title 11, Subtitle 2 of the Financial Institutions Article. (j) (1) "Loan" has the meaning stated in § 12-101 of this title. (2) "Loan" includes earned wage access, subject to the provisions of this subtitle. (k) "Payroll period" means a period of time during which a consumer earns wages that an employer owes to the employee at the end of the period. (l) "Proceeds" means a payment to a consumer by a provider that is based on unpaid but earned wages. (m) (1) "Provider" means a person who provides to consumers either consumer-directed earned wage access or employer-integrated earned wage access. (2) "Provider" does not include: (i) A service provider, such as a payroll service provider, that may verify the available earnings of a consumer but that is not contractually obligated to fund any proceeds delivered as part of an earned wage access service; or (ii) An employer that offers a portion of salary, wages, or other compensation directly to its employees or independent contractors before a normally scheduled pay date for a payroll period. (n) "Tip" has the meaning stated in § 12-101 of this title. (o) "Wages" has the meaning stated in § 12-101 of this title.
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