(a) A provider of earned wage access shall: (1) Develop and implement policies and procedures to respond to questions raised by consumers; (2) Address complaints from consumers in an expedient manner; (3) Whenever the provider offers a consumer the option to receive earned wage access services for a fee or solicits an optional tip, gratuity, or other donation, offer to the consumer at least one reasonable option to obtain earned wage access at no cost to the consumer; (4) Clearly explain to a consumer how to elect a no-cost option described in item (3) of this subsection; (5) Before entering into an agreement with a consumer for the provision of earned wage access services: (i) Inform the consumer of the consumer's rights under the agreement; and (ii) Fully and clearly disclose all fees associated with the earned wage access services; (6) Inform a consumer of any material changes to the terms and conditions of the earned wage access services before implementing those changes for that consumer; (7) Allow a consumer to cancel use of the provider's earned wage access services at any time without incurring a cancellation fee imposed by the provider; (8) Comply with all applicable local, State, and federal privacy and information security laws; (9) If a provider solicits, charges, or receives a tip, gratuity, or other donation from a consumer: (i) Set the default tip, if any, at zero; (ii) Clearly and conspicuously disclose to the consumer immediately prior to each transaction that any tip paid by the consumer does not inure to the direct benefit of any specific employee of the provider or any other individual; (iii) Clearly and conspicuously disclose to the consumer immediately prior to each transaction that a tip, gratuity, or other donation amount is optional and voluntary; and (iv) Clearly and conspicuously disclose in the provider's service contract with the consumer that: 1. Tips, gratuities, or other donations are voluntary; and 2. The offering of earned wage access services, including the amount of proceeds a consumer is eligible to request and the frequency with which proceeds are provided to a consumer, is not contingent on whether the consumer pays any tip, gratuity, or other donation or on the size of the tip, gratuity, or other donation; (10) Provide proceeds to a consumer by any means mutually agreed upon by the consumer and the provider; and (11) Except as provided in subsection (b) of this section, if the provider will seek repayment of outstanding proceeds or payment of fees or other amounts owed or incurred, including voluntary tips, gratuities, or other donations, from a consumer's account at a bank in connection with earned wage access services covered by this subtitle, including by means of electric fund transfer: (i) Comply with the federal Electronic Fund Transfer Act and regulations adopted to implement the Act; and (ii) Reimburse the consumer within 5 business days for the full amount of any overdraft or nonsufficient fund fees imposed on a consumer by the consumer's bank that were caused by the provider attempting to seek repayment of any outstanding proceeds or payment of fees, tips, gratuities, or other donations in connection with earned wage access services covered by this subtitle. (b) Subsection (a)(11) of this section does not apply to a provider seeking repayment of outstanding proceeds or payment of fees or other amounts owed that were received or incurred by a consumer through fraudulent or other unlawful means.
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