Why the rules for cash advance apps depend on your state

No federal law yet

Bills to set national rules for earned wage access have been introduced in Congress, most recently H.R. 9330, Earned Wage Access Consumer Protection Act, reported by a House committee on 2026-09-01, but none has become law as of 2026-10-18. The CFPB’s current position is guidance, not a regulation. That leaves the details to the states.

4 ways states have gone

Has an EWA law (9)

• California: California requires providers of "income-based advances" (earned wage access) to register with the DFPI under the California Consumer Financial Protection Law, effective Feb. 15, 2025.
• Indiana: Indiana has a dedicated earned wage access law, the Indiana Earned Wage Access Act (IC 28-8-6), which requires a license from the Department of Financial Institutions starting Jan. 1, 2026.
• Kansas: Kansas has a dedicated earned wage access law, the Kansas Earned Wage Access Services Act (K.S.A. 9-2401 to 9-2416), which requires providers to register with the Office of the State Bank Commissioner.
• Louisiana: Louisiana has a dedicated earned wage access law, the Louisiana Earned Wage Access Services Act (La. R.S. 9:3591.1 to 3591.6); it sets conduct rules but does not require a license or registration.
• Missouri: Missouri has a dedicated earned wage access law (RSMo 361.749); since Aug. 28, 2026, providers need a license from the Division of Finance, which replaced the earlier registration requirement.
• Nevada: Nevada has a dedicated earned wage access law (NRS chapter 604D) that requires providers to be licensed by the Financial Institutions Division.
• South Carolina: South Carolina has a dedicated earned wage access law, the South Carolina Earned Wage Access Services Act (S.C. Code 39-5-810 et seq.), which requires providers to register with the Department of Consumer Affairs.
• Utah: Utah has a dedicated earned wage access law (Utah Code 13-78) that requires providers to register with the Division of Consumer Protection.
• Wisconsin: Wisconsin has a dedicated earned wage access law (Wis. Stat. ch. 203) that requires a license from DFI; since April 5, 2026, delivery and expedited-delivery fees are capped at $5 or $7.50.

Treated under lending law (2)

• Connecticut: Connecticut treats earned wage access as a "small loan": providers need a small loan license from the Department of Banking, and since Oct. 1, 2025, total charges, including voluntary ones, are capped by statute at "four dollars per advance, or ... thirty dollars per month".
• Maryland: Maryland treats earned wage access as a "loan" under its Commercial Law credit rules: since Oct. 1, 2025, providers need a consumer loan license (or an exemption), and delivery fees are capped at $5 or $7.50.

Enforcement, no EWA law (1)

• New York: New York has no earned wage access statute; in April 2025, the Attorney General sued MoneyLion and DailyPay, alleging their advances are illegal high-interest loans under state usury law.

Attorney general opinion (3)

• Arizona: Arizona has no earned wage access statute; a Dec. 16, 2022 Attorney General opinion says no-interest, non-recourse EWA is not a "consumer loan" requiring a consumer lender license.
• Georgia: Georgia has no earned wage access statute; a Dec. 6, 2024 unofficial Attorney General opinion says flat, non-recourse EWA transfer fees generally are not "interest" under state usury law.
• Montana: Montana has no earned wage access statute; a Dec. 22, 2023 Attorney General opinion says EWA providers meeting certain conditions do not need a consumer loan or deferred deposit loan license.

Checked, nothing found

We searched official sources for Arkansas, Colorado, Texas, Alabama, Tennessee, North Carolina, Oklahoma, Wyoming, Illinois, Virginia and found no earned wage access law or major official action as of 2026-10-18. Every other state is not yet verified.

What state rules can change for you

• Fee caps. Some states cap what a provider can charge per advance; the exact numbers are on each state page.
• Tips. Some states say tips must be optional and can’t affect what you’re offered; some count them toward fee limits.
• Who can operate. Where a license or registration is required, the state publishes who holds one. Each app page shows which of those official lists it appears on.
• Different prices by state. Some apps publish different fees for some states; app pages note this where the company says so.

Next

• Work out the real cost of an advance
• Compare what each app charges
• Cheaper ways to cover a gap