As used in this chapter: (1) "Consumer" means an individual who resides in the state. (2) "Division" means the Division of Consumer Protection established in Section 13-2-102. (3) "Earned but unpaid income" means compensation, including salary, wages, or other income, that: (a) a consumer earns or accrues through services the consumer provides to an employer or as an independent contractor; and (b) the employer or hiring party has not yet paid to the consumer. (4) "Earned wage access services" means the payment of funds to a consumer determined by: (a) (i) a consumer's representation; and (ii) the provider's reasonable determination of earned but unpaid income; or (b) employment, income, and attendance data obtained directly or indirectly by a provider from an employer or an employer's payroll service provider. (5) (a) "Fee" means a charge the provider imposes on a consumer for earned wage access services, expedited delivery of funds, or a subscription or membership that includes earned wage access services. (b) "Fee" does not include a voluntary tip, gratuity, or donation. (6) (a) "Provider" means a person that engages in the business of offering earned wage access services. (b) "Provider" does not include: (i) a service provider, such as a payroll service provider, that verifies, but does not fund, earned wages; (ii) an employer that advances a portion of earned wages directly to employees or independent contractors; or (iii) a person regulated under Title 7, Financial Institutions Act.
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